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Full text of "North Carolina Register v.9 no. 19 (1/3/1995)"

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The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



EXECUTIVE ORDER 



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9 



SALUi 



^VlSTRNl^; 



PROPOSED RULES 
Commerce 

Environment, Health, and Natural Resources 
Human Resources 
Labor 

Practicing Psychologists 
Public Education 
State Personnel 



RRC OBJECTIONS 



CONTESTED CASE DECISIONS 



ISSUE DATE: January 3, 1995 



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- 



m 



* /995 



J^AW LIBRARY 



Volume 9 • Issue 19 • Pages 1513 - 1602 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-2 1 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh, N.C. 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 1 50B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 1 5 days must 
elapse following publication of the notice in the North Carolina 
Register before the agency may conduct the public hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue tempt 
rary rules. Within 24 hours of submission to OAH, the Codifier i 
Rules must review the agency's written statement of findings of ne< 
for the temporary rule pursuant to the provisions in G.S. 150B-21.1. 
the Codifier determines that the findings meet the criteria in G. 
150B-21.1, the rule is entered into the NCAC. If the Codifi 
determines that the findings do not meet the criteria, the rule is returns 
to the agency. The agency may supplement its findings and resubm 
the temporary rule for an additional review or the agency may respor 
that it will remain with its initial position. The Codifier, thereafter, wi 
enter the rule into the NCAC. A temporary rule becomes effecth 
either when the Codifier of Rules enters the rule in the Code or on tl 
sixth business day after the agency resubmits the rule without chang 
The temporary rule is in effect for the period specified in the rule or 1 i 
days, whichever is less. An agency adopting a temporary rule mu 
begin rule-making procedures on the permanent rule at the same tin 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compilatio 
and index of the administrative rules of 25 state agencies and ! 
occupational licensing boards. The NCAC comprises approximate] 
15,000 letter size, single spaced pages of material of which approx 
mately 35% is changed annually. Compilation and publication oft! 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency 
assigned a separate title which is further broken down by chapter 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of tw 
dollars and 50 cents ($2.50) for 10 pages or less, plus fiftee 
cents ($0.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling 
excess of 15,000 pages. It is supplemented monthly wit 
replacement pages. A one year subscription to the fu 
publication including supplements can be purchased f( 
seven hundred and fifty dollars ($750.00). Individual vo 
umes may also be purchased with supplement service. R< 
newal subscriptions for supplements to the initial publicatio 
are available. 

Requests for pages of rules or volumes of the NCAC should b 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, pag 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volum 
1, Issue 1, pages 101 through 201 oftheNorthCarolinaRegisterissue 
on April 1, 1986. 



FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North Carolina 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr. , 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



ISSUE CONTENTS 



I. EXECUTIVE ORDER 

Executive Order 66 1513 

II. PROPOSED RULES 
Commerce 

Banking Commission 1515 

Environment, Health, and 
Natural Resources 

Coastal Management 1550 

Health Services 1557 

Wildlife Resources 1553 

Human Resources 

Child Development 1531 

Labor 

OSHA 1546 

Licensing Board 

Practicing Psychologists 1571 

Public Education 

Elementary and Secondary 1568 

State Personnel 

Office of State Personnel 1574 

III. RRC OBJECTIONS 1575 

IV. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1577 

Text of Selected Decisions 
94 OSP 0143 ............. 1591 

94 EHR 1031 1595 

V. CUMULATIVE INDEX ....... 1599 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



EXECUTIVE ORDER 



EXECUTIVE ORDER NO. 66 

STATEWIDE FLEXD3LE 

BENEFITS PROGRAM 

WHEREAS, State employees are an important 
esource to state government; and 

WHEREAS, the State needs to provide a uniform 
ompetitive compensation package that includes an 
jp-to-date benefits program in order to maintain its 
;ompetitive edge with businesses and other states 
n its region; and 

WHEREAS, the State needs to provide the same 
ax-advantaged benefits to all State employees, 
egardless of the agency, department or university 
where they work; and 

WHEREAS, the reasonable cost of administering 
in efficiently designed flexible benefits program 
:ould be recovered by the savings associated with 
such a program; 

NOW, THEREFORE, By the power vested in 
ne as Governor by the Constitution and laws of 
he State of North Carolina, IT IS ORDERED: 

Section L Policy. 



A statewide employee flexible benefits coordina- 
tion effort is hereby formalized for the purpose of 

dministering these benefits to employees and to 
promote the development and maintenance of a 

ompetitive compensation package for all State 
employees. 

Section 2. Administration. 



The State Personnel Director shall be responsible 
for central flexible benefits coordination for all 
State employees. There is created within the 
Office of State Personnel an Employee Flexible 
Benefits Program (EFBP). The administration of 
the statewide flexible benefits plan shall become 
the responsibility of EFBP. This program shall 
begin the process of assessing the flexible benefits 
plan design, administrative procedures, administra- 
tive capabilities, and communications needs for the 
implementation of a comprehensive statewide 
flexible benefit plan. These responsibilities in- 
clude, but are not limited to the following: 

(a) Implementing the Statewide Flexible 
Benefits Plan; 

(b) Administering contracts for supplemental 
insurance carriers and third party admin- 
istrator for spending accounts and premi- 
um conversion plans if necessary; 



(c) Coordinating administration of spending 
accounts; 

(d) Coordinating enrollment and communica- 
tion efforts concerning the Statewide 
Flexible Benefits Plan and other benefit 
programs; 

(e) Coordinating the Statewide Flexible 
Benefits Advisory Committee; and 

(f) Speaking on behalf of State government 
flexible benefits in the Legislature. 

Section 3. Statewide Flexible Benefits Advisory 
Committee. 

There is hereby established a Statewide Flexible 
Benefits Advisory Committee (FBAC) for the 
purpose of assisting the State in developing and 
maintaining an effective flexible benefits plan for 
State employees. The FBAC shall make recom- 
mendations to the State Personnel Director con- 
cerning the administration of the Flexible Benefits 
Plan and the components of the flexible benefits 
package for State employees. 

Section 4. Duties of the FBAC. 

The FBAC shall be responsible for the following: 

(a) Assist the Employee Flexible Benefits 
Section in developing administrative 
functions; 

(b) Review existing flexible benefit programs 
in State government; 

(c) Recommend pre-tax benefits to be includ- 
ed in the EFBP; 

(d) Assist in reviewing contracts and admin- 
istering spending accounts; and 

(e) Undertake other functions as necessary. 

Section 5. Membership. 

The membership of the FBAC shall consist of 
nine members appointed by the Governor as 
follows: 

(a) A Representative from the State 
Controller's Office; 

(b) A Representative from the State 
Treasurer's Office; 

(c) A Representative from the State Budget 
Office; 

(d) A Representative from the Attorney 
General's Office; 

(e) A Representative from the State Health 
Benefits Office; 

(f) A Representative from the Administrative 
Office of the Courts; 

(g) A Representative from the General 
Assembly; 

(h) A Representative from the University of 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1513 



EXECUTIVE ORDER 



North Carolina System; 
(i) A Representative from the State Employ- 
ees Association. 

One representative each from the Department of 
Public Instruction and the Department of Commu- 
nity Colleges will serve as non-voting ex officio 
members of the FBAC. 

The Director of the Office of State Personnel 
shall appoint a chair from among the membership 
for a one year term. The EFBP Manager shall 
serve as an ex-officio member and provide support 
staff as required. 

This Order shall become effective immediately. 

Done in the City of Raleigh this the 5th day of 
December, 1994. 



1514 NORTH CAROLINA REGISTER January 3, 1995 9:1 






PROPOSED RULES 



TITLE 4 - DEPARTMENT OF 
COMMERCE 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Banking Com- 
mission intends to amend rules cited as 4 NCAC 
3C .1601; 3E .0101 - .0102, .0201, .0302; 3F 
.0201, .0304, .0503 - .0504, .0506; 31 .0101, 
.0201 - .0204, .0301, .0306, .0401 - .0403, .0405 

- .0406, .0501 - .0503, .0601 - .0602, .0702 - 
.0703, .0705; adopt 4 NCAC 3E .0604. 

L he proposed effective dates of this action: 

4 NCAC 3C .1601; 3E .0101 - .0102, .0201, 

.0302, .0604; 3F .0201, .0304, .0503 - .0504, 

.0506 is June 1, 1995. 

4 NCAC 31 .0101, .0201 - .0204, .0301, .0306, 

.0401 - .0403, .0405- .0406, .0501 - .0503, .0601 

- .0602, .0702 - .0703, .0705 is April 1, 1995. 

lhe public hearing will be conducted at 9:00 
a.m. on February 2, 1995 at the Dobbs Building, 
430 North Salisbury Street, Room 6227, Raleigh, 
North Carolina. 

Jxeason for Proposed Action: 
4 NCAC 3C .1601 - The proposed amendment will 
reduce the fees charged for filing various applica- 
tions with the Commissioner of Banks. In addi- 
tion, the rule will provide the costs of obtaining 
various publications and public records provided 
by the Banking Commission. 
4 NCAC 3E .0101 - This amendment distinguishes 
the physical location and the mailing address of 
the Commissioner of Banks. 

4 NCAC 3E .0102 - This amendment eliminates 
the requirement that the Commissioner of Banks 
publish approval of a consumer finance licensee 
application in the newspaper. N.C.G.S. 53-168 
and N. C. G. S. 53-169 does not require publication 
of applicants approval by Commissioner of Banks. 
This task has become burdensome and expensive. 
4 NCAC 3E .0201 & .0302 - These amendments 
distinguishes the physical location and the mailing 
address of the Commissioner of Banks. 
4 NCAC 3E .0604 - The adoption of this Rule will 
require consumer finance licensees to notify the 
Commissioner of Banks of computer changes that 
impact charges applicable to loans within 10 days. 
4 NCAC 3F .0201 - This amendment provides 
definitions for the terms "agent" and "location" as 
used in 4 NCAC 3F. In addition, it distinguishes 



the physical location and the mailing address of 
the Commissioner of Banks. 

4 NCAC 3F . 0304 - This amendment clarifies how 
the agent location fee is calculated. 
4 NCAC 3F . 0503 - This amendment clarifies the 
contents of the annual statement filed by licensees 
and provides the date that this information should 
be based upon. 

4 NCAC 3F . 0504 - This amendment sets a dead- 
line for filing the quarterly agent activity reports. 
In addition, it changes some of the information 
requested in the report. 

4 NCAC 3F . 0506 - This amendment requires that 
the licensee file a certificate or other evidence to 
show compliance with N.C.G.S. 53-198 or 
N.C.G.S. 53-1 99(b), respectively. 
4 NCAC 31 . 0101 - This amendment distinguishes 
the physical location and the mailing address of 
the Commissioner of Banks. In addition, this 
amendment defines certified financial statements, 
liquid assets, and net worth. 
4 NCAC 31 .0201 - This amendment eliminates the 
grandfathering provisions in the rule that will 
expire on January 9, 1995 and March 31, 1995. 
In addition, it sets forth requirements for these 
mortgage bankers who want to rely on the parent 's 
capital to satisfy the networth requirements. 
4 NCAC 31 . 0202 - This amendment eliminates the 
grandfathering provisions in the rule that will 
expire on January 9, 1995 and March 31 , 1995. 
4 NCAC 31 .0203 - This amendment sets the 
liquidity requirement for mortgage brokers and 
mortgage bankers. 

4 NCAC 31 .0204 - This amendment increases the 
surety bond requirements for mortgage bankers. 
4 NCAC 31 .0301 - This amendment makes 
technical changes to the current rule. 
4 NCAC 31 .0306 - This amendment changes the 
percentage at which a change in ownership of the 
registrant's stock would be a transfer or 
assignment of the Certificate of Registration. 
4 NCAC 31 . 0401 - This amendment provides for 
expiration of the license upon failure to pay the 
annual fee. 

4 NCAC 31 . 0402 - This amendment requires that 
the filing of certified financial statements for 
mortgage bankers and mortgage brokers. 
4 NCAC 31 . 0403 - This amendment requires that 
the account containing third-party fees be 
reconciled monthly. 

4 NCAC 31 . 0405 - This amendment requires that 
a monthly reconciliation of account be included in 
the books and records. 

4 NCAC 31 .0406 - This amendment changes the 
amount of time that the registrant has to notify the 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1515 



PROPOSED RULES 



Commissioner of a name change to thirty days 
prior to the effective date. 

4 NCAC 31 .0501 - This amendment changes the 
amount of time that the registrant has to notify the 
Commissioner material changes in its application 
to thirty days prior to the effective date. 
4 NCAC 31 . 0502 - This amendment changes the 
amount of time that the registrant has to notify the 
Commissioner of its decision to cease operations to 
seven days. In addition, this amendment requires 
that the Certificate of Registration be surrendered 
within fifteen days after it has ceased operations. 
4 NCAC 31 .0503 - This amendment changes the 
amount of time in which a registrant has to notify 
the Commissioner of a failure to meet minimum 
networth, liquidity and bonding requirements to 
seven days. 

4 NCAC 31 . 0601 - This amendment makes failure 
to provide an accurate payoff to the borrower a 
prohibited act. 

4 NCAC 31 . 0602 - This amendment makes adver- 
tising of mortgage loan interest rates in violation 
of laws and regulation conduct deemed to fraudu- 
lent, deceitful, or misleading. 



4 NCAC 31 .0702 - This amendment changes the 

time that a registrant has to provide the borrower 

with information which was orally submitted over 

the telephone to ten days. 

4 NCAC 31 . 0703 - This amendment is a technical 

correction. 

4 NCAC 31 . 0705 - This amendment eliminates the 

requirement that a mortgage banker discloses fees 

or points paid to the borrower to the mortgage 

broker. 

i^omment Procedures: Comments must be submit- 
ted in writing not later than Thursday, February 2, 
1995. Written comments should be directed to: 
Garistine M. Davis, Counsel, North Carolina 
Banking Commission, Post Office Box 29512, 
Raleigh, N. C 27626-0512. 



CHAPTER 3 - BANKING COMMISSION 

SUBCHAPTER 3C - BANKS 

SECTION .1600 - FEES 

.1601 FEES, COPIES AND PUBLICATION COSTS 

(a) For applications, petitions, and other proceedings which must be filed with the Commissioner 
of Banks the following fees shall be paid to the Commissioner at the time of filing: 

(1) Application for the Formation of a New Bank $10,000.00 $8,000.00 

(2) Application for Authority to D e cr e as e Capital Stock $250.00 

£2) (^Application to Merge or Consolidate Banks (fee is per bank) $ 4 ,000.00 $3,000.00 
(3) (4)Application for Reorganization Into a Bank Holding Company Through an Interim 

Bank (fee is per bank) $ 4 ,000.00 $3,000.00 

{4} {^Application for Reorganization $ 4 ,000.00 $3,000.00 

(5) (6)Application for Conversion of a National Bank to State Charter $5,000.00 

£6} {^Application for Voluntary Liquidation $3,000.00 

(7) (8)Application for Authority to Create and Invest in a Subsidiary $750.00 

(8) (9)Application for Approval of Change in Bank Control or Management $1,000.00 



$250.00 



(40) P e tition for Authority to Exceed Investm e nt or Loan Limitations 

£9) {^Application for Authority to Establish a Branch Bank $1,000.00 $500.00 

(10) (43)Application for Authority to Relocate a Main Office or Branch $750.00 $500.00 

(11) {^Application for Authority to Create a Limited Service Facility $1,000.00 $500.00 

(12) (44)Application for Authority to Convert a Branch to a Limited Service Facility $500.00 

$1,000.00 

$24r00 



(4-5) Authority to Close a Branch 

(4-6) Request for R e placem e nt Charter Certificat e 



(4-7-) R e qu e st for C e rtificate of Good Standing $25.00 

(13) (4-8)Application for Conversion of a Savings and Loan Association 

or a Savings Bank to a State Bank $7,500.00 $5,000.00 

(14) (^Application to Form a Nondepository Trust Company $10,000.00 $8,000.00 



1516 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



(b) The fees set forth in Paragraph (a) of this 
Rule are for standard applications, petitions, and 
Dther proceedings filed and considered in the 
ordinary course of business. Any application, 
petition or other proceeding which in the opinion 
of the Commissioner of Banks requires extraordi- 
nary review, investigation or special examination 
will be subject to additional expenses at an hourly 
rate to be determined annually by the Banking 
Commission. The Commissioner of Banks will 
advise an applicant or petitioner in advance of any 
additional work required and the hourly rate for 
the same. 

(c) Publications available through the Banking 
Commission and copies of public records may be 
obtained at the following costs. 

{4} Publications: 

{A) — Annual Report of Consumer Finance 

Licensees $ 4 .00 

{B) — Annual — Report — ef- — State chartered 



Banks 



-$StOQ 






Afl nunl Report of Special Scrvic$3.50 
North Carolina Administrative Code 
Chapter 3 Banking Commission and 
Related 

— Regulations $7.50 

(E) — Annual — Subscription — fef — Official 
Notice Maximum — Rate — ef- — Interest 



Allowed on 
Certain Loans 



$10.00 



m 



{2) Copies of public records: — one dollar 

($1.00) per page- 
Banking Commission Regulations and 
Policies: 
Bank Policy Statements, $4.00 

Consumer Finance Policy 
Statements, $3.00 



IA1 






North Carolina Administrative Code- 



Title IV, Chapter III. $8.00 

Monthly Official Notice-Maximum 
Rate of Interest Allowed on Certain 
Loans (Annual Subscription). $1 1.00 

(2) Directories: 

(A) Consumer Finance Licensees, $6.00 

(B) Money Transmitter Licensees, $2.00 

(C) Mortgage Banker/ Broker 
Registrants, $5.00 

£D) North Carolina Bank Directors, $6.00 

(E) Refund Anticipation Lenders, $6.00 

(F) State-Chartered Banks, $3.00 

(G) State-Chartered Bank Branches. $6.00 

(3) Publications: 

(A) 1991 History of the North Carolina 
Banking Commission. $6.00 

(B) North Carolina Banking Commission 



Annual Report, $12.00 

(C) Quarterly List of Bank Rankings by 
Assets/by Deposits: 

£i] National and State, $2.00 

£ii) State, $2.00 

(D) State-Chartered Banks Total Assets 
History (3/87-). $3.00 

(d) Any publication or copy of a public record 
not set forth in Paragraph (c) of this Rule may be 
purchased at a price of two dollars ($2.00) for the 
first page and ten cents ($0.10) for each additional 
page. 

(d) — Any new publication or any publication not 
act forth in Subparagraph (c)(1) of this Rule may 
be purchased at a price of twenty five cents 
($0.25) per page. 

Statutory Authority G.S. 53-92; 53-122(3). 

SUBCHAPTER 3E - LICENSEES UNDER 

NORTH CAROLINA CONSUMER 

FINANCE ACT 

SECTION ,0100 - LICENSING 

.0101 APPLICATION 

(a) No person shall make loans under the provi- 
sions of the North Carolina Consumer Finance Act 
without first obtaining a license from the Commis- 
sioner of Banks. Application for a consumer 
finance license shall be accomplished by the 
execution of Form NCCF 2 and the payment of 
the statutory fee. That form contains a request for 
a license to operate a business under the North 
Carolina Consumer Finance Act and incorporates 
all statutory requirements and criteria. The form 
may be obtained from and shall be filed with The 
Commissioner of Banks located at 430 North 
Salisbury Street, Dobbs Building, Suite 6210, 
Raleigh, North Carolina 27611. The mailing 
address is P.O. Box 29512. Raleigh. North Caroli- 
na 27626-05 12. 

The Commissioner of Banks 

Post Office Box 29512 

Room 6210, Dobbs Building 

4 30 North Salisbury Street 

Raleigh, North Carolina 27626 0512. 

(b) Upon receipt of an application for a consum- 
er finance license, the Commissioner of Banks 
shall give written notice of the application to all 
licensees operating within the community proposed 
to be served as described in the application. 
Where a licensee holds two or more licenses the 
notification is to be mailed to the home office of 



9:19 



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January 3, 1995 



1517 



PROPOSED RULES 



such licensee. The notification may be by copy of 
acknowledgement to the applicant. 

(c) Following an investigation of the application 
the Commissioner of Banks shall decide as to: 

(1) approval of the application, 

(2) denial of the application. 



Statutory Authority G.S. 53-92; 53-95; 
53-168; 53-185; 150B-21.2. 



53-104; 



.0102 APPROVAL 

(a) Upon approval by the Commissioner of 
Banks of an application for a consumer finance 
license, he will notify the applicant in writing. 

{bj — The Commission e r s hall give notice, one 
time only, — of his — approval — m — a newspaper of 
general circulation in the community in which the 
applicant proposes to locate. 

(~b) {e)If no written objection is submitted to the 
Commissioner within 20 days following the date of 
his approval, he shall issue a license. Form NCCF 
4. 

(c) fd)In the event a written objection is submit- 
ted to the Commissioner within 20 days following 
the date of his approval, the application and 
approval shall be referred to the Banking Commis- 
sion in compliance with Section .0200 of this 
Subchapter. 



Statutory Authority G.S. 53-92; 
53-168; 58-169; 53-185; 53-188. 



53-95; 53-104; 



SECTION .0200 - ACTIONS REQUIRING 

APPROVAL OF COMMISSIONER 

OF BANKS 

.0201 OPERATION OF OTHER BUSINESS 
IN SAME OFFICE 

(a) No licensee shall operate any other business 
in the same office with its consumer finance 
business except upon written approval of the 
Commissioner of Banks pursuant to G.S. 53- 
172(b). 

(b) Any other loan business conducted at the 
same location where a licensee makes loans pursu- 
ant to Chapter 53, Article 15 of the North Carolina 
General Statutes, must be operated through a 
separate corporate entity. 

(c) Application for other business authority shall 
be made upon Form NCCF 5 and shall be accom- 
panied by a fee of twenty five dollars ($25.00). 
An NCCF 5 form can be obtained from and shall 
be filed with The Commissioner of Banks located 
at 430 North Salisbury Street, Dobbs Building, 
Suite 6210, Raleigh, North Carolina 27611. The 



mailing address is P.O. Box 29512, Raleigh 
North Carolina 27626-0512. 

The Commissioner of Banks 

Post Office Box 29512 
Room 6210, Dobbs Building 
4 30 North Salisbury Street 
Raleigh, North Carolina 27626 0512. 
(d) Upon approval of the application, the Com- 
missioner of Banks will issue a Certificate of 
Authority which shall be posted in a public area of 
a licensee's office. 

Statutory Authority G. S. 53-92; 53-122(3); 53-168; 
53-172; 53-185; 150B-21.2. 

SECTION .0300 - REPORTS REQUIRED 
BY COMMISSIONER OF BANKS 

.0302 ANNUAL REPORT 

Each licensee under the North Carolina Consum- 
er Finance Act shall file an annual report with the 
Commissioner of Banks on or before March 31 
each year. Such report shall be filed on Form 
NCCF 1. That form contains various schedules 
which reflect the financial condition of the licensee 
as well as the results of its operations. The form 
along with necessary instructions relative to its 
execution may be obtained from and shall be filed 
with The Commissioner of Banks located at 430 
North Salisbury Street, Dobbs Building, Suite 
6210, Raleigh, North Carolina 27611. The mail- 
ing address is RO. Box 29512, Raleigh, North 
Carolina 27626-05 12. 

The Commissioner of Banks 

Post Office Box 29512 

Room 6210, Dobbs Building 

4 30 North Salisbury Street 

Raleigh, North Carolina 27626 0512. 

Statutory Authority G.S. 53-92; 53-1 84(b); 53-185; 
150B-21.1. 

SECTION .0600 - CONSUMER 
FINANCE OFFICES 

.0604 NOTIFICATION OF CHANGES 
IN OPERATIONS 

Each licensee shall notify the Commissioner of 
Banks of any changes in its computer operations 
(electronic data processing) which would impact 
computations of interest charges, insurance charges 
and any other charges applicable to its loans within 
10 days after the change has been implemented. 

Statutory Authority G.S. 53-104; 53-184; 53-185. 



1518 



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9:19 



PROPOSED RULES 



SUBCHAPTER 3F - LICENSEES 

UNDER MONEY TRANSMITTERS 

ACT 

SECTION .0200 - ADMINISTRATIVE 

.0201 DEFINITIONS 

(a) As used in the Rules, unless the context 
clearly requires otherwise: 

(1) Terms defined in G.S. 53-193 shall 
have the same meaning as set forth 
therein; 

(2) "Money Transmitters Act" shall mean 
the Money Transmitters Act codified at 
Chapter 53, Article 16 of the North 
Carolina General Statutes (G.S. 53-192, 
et seq.); 

(3) "State" shall mean the State of North 
Carolina; 

(4) "Applicant" shall mean a person who 
applies for a license under the Money 
Transmitters Act; 

(5) "Controlling person" shall mean any 
10% equity owner of an applicant or 
licensee; 

(6) "Executive officer" shall have the same 
meaning as set forth in Regulation "O, " 
promulgated by the Board of Governors 
of the Federal Reserve System and 
codified in the Code of Federal Regula- 
tions at Title 12, Chapter II, Part 215r 



m 



"Agent" shall mean a person, partner- 
ship, corporation, or other entity autho- 
rized by a licensee to sell or issue 
checks of the licensee in this State as a 
service or for a fee or other consider- 
ation on the behalf of the licensee; 



£§} 



"Lo cation" shall mean any place of 

business within this State operated by 

the licensee or the licensee's agent at 

which checks of the licensee are issued 

or sold. 

(b) An application for a license, amendment to 

the application, annual statement, notice, or any 

other document which is required by law or 

regulation to be filed with the Commissioner shall 

bo addressed as follows: The Commissioner of 



Banks located at 430 North Salisbury Street, 

Dobbs Building, Suite 6210, Raleigh, North 

Carolina 27611. The mailing address is RO. Box 

29512. Raleigh. North Carolina 27626-0512. 

Commissioner of Banks 

Post Office Box 29512 

Raleigh, North Carolina 27626 0512 



Statutory Authority 
53-206.1; 150B-21. 2. 



G.S. 53-193; 53-196; 



SECTION .0300 - LICENSING 

.0304 AGENT LOCATION FEE 

(a) A licensee shall pay to the Commissioner 
within five days after the issuance of a license, and 
annually thereafter on or before December 31 of 
each year, an agent location fee of ten dollars 
($10.00) for each location within this State at 
which its checks are sold. Notwithstanding the 
number of locations within this State, the agent 
location fee shall not exceed five thousand dollars 
($5,000) per annum for each licensee. 

(b) The agent location fee in Paragraph (a) of 
this Rule shall be based upon the number of 
locations listed in the annual statement required by 
G.S. 53-204. 

Statutory Authority G.S. 53-202; 53-206.1; 150B- 
21.2. 

SECTION .0500 - REPORTING 
AND NOTIFICATIONS 

.0503 ANNUAL STATEMENT 

(a) On or before December 3 1 of each year, a 
licensee must file an annual statement which can 
be obtained from and shall be filed pursuant to 
Rule .0201(b) of this Subchapter. 

(b) The annual statement referenced in 
Paragraph (a) of this Rule shall be based upon the 
licensee's operations as of September 30 of each 
year and shall include the following: 

i±) The the address of the offices each 

location at which the licensee sells or 
issues checks in this State and the 
names name and address of each 
locations location of the persons agents 
authorized by the licensee to sell or 
issue checks in this State;., 

{3} A Certificate of Continuation of the 

surety bond required by G.S. 53 198 or 
evidence of continued compliance with 
G.S. 53 199(b); 

0) A Certificate of Existence or Certificate 

of Good Standing from the state of 
incorporation, where applicable. 

(c) A licensee is not required to include agents 
which are exempt by G.S. 53-195. 

Statutory Authority G.S. 53-198; 53-1 99(b); 53- 
204(a); 53-206.1; 150B-21.2. 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1519 



PROPOSED RULES 



.0504 AGENT ACTIVITY REPORTS 

A licensee shall file each quarter , for the quarter 
then ended, of the calendar year, a quarterly report 
of agent activity no later than 60 days after the 
quarter has ended. which contains — the The 
quarterly report shall contain the following 
information: 

(1) The name of each agent total number of 
agents or subagent subagents in this 
State; and the address at which he sells 
or issues checks in this State; 

(2) The total number and dollar amount of 
the checks sold or issued by each agent 
or subagent in this State. 

Statutory Authority G.S. 53-204(a); 53-206.1; 
150B-21.2. 

.0506 REVOCATION OR CANCELLATION 
OF SURETY BOND 

(a) No later than 30 days after the renewal of its 
surety bond, a licensee shall file pursuant to Rule 
.0201(13) of this Subchapter: 

(1) a certificate of continuation of the 
surety bond required by G.S. 53-198; 

(2) or evidence of continued compliance 
with G.S. 53-199fb) which shall consist 
of a safekeeping receipt received 
directly from the trustee of securities 
with a par value equal to the amount of 
the surety bond in G.S. 53-198. 

(b) A licensee shall immediately notify the 
Commissioner in writing of revocation or 
cancellation of its surety bond furnished pursuant 
to G.S. 53-198. 

Statutory Authority G.S. 53-198; 53-206.1; 150B- 

21.2. 

SUBCHAPTER 31 - MORTGAGE 
BANKER/BROKER 

SECTION .0100 - ADMINISTRATIVE 

.0101 DEFINITIONS; FILINGS 

(a) As used in these Rules, unless the context 
clearly requires otherwise: 

(1) Terms defined in G.S. 53-234 shall 
have the same meaning as set forth 
therein; 

(2) "Accounting period" shall mean either 
a period of 12 months (or less in the 
first year of operations) ending 
December 31 or a fiscal year of not 
more than 12 months (or less in the 



first year of operations) ending on the 
last day of any month except 
December; 

(3) "Advertisement" shall mean material 
used or intended to be used to induce 
the public to apply for a mortgage loan. 
The term shall include any printed or 
published material, or descriptive 
literature concerning a mortgage loan to 
be solicited, processed, negotiated or 
funded by a registrant whether 
disseminated by direct mail, newspaper, 
magazine, radio or television broadcast, 
billboard or similar display. The term 
advertisement shall not include any 
disclosures, program descriptions, or 
other materials prepared or authorized 
by any state or federal government 
agency, nor shall such term include any 
material or communication which has 
been excluded from any definition of 
advertisement for purposes of any 
regulation of the Board of Governors of 
the Federal Reserve System regulating 
consumer credit disclosures; 

(4) "Application fee" shall mean any fee 
accepted by a registrant in connection 
with an application for a mortgage loan 
including any charge for soliciting, 
processing, placing or negotiating a 
mortgage loan. The term does not 
include a commitment fee, lock-in fee, 
or third-party fee as such terms are 
defined in Subparagraphs (a)(12), (19) 
and (32) of this Rule; 

(5) "Application for a mortgage loan" shall 
have the same meaning as "Application 
for a federally-related mortgage loan" 
in Regulation X; 

(6) "Bonus" shall mean money, or an 
equivalent, given in addition to usual 
compensation; 

(7) "Branch manager" shall mean an 
employee of a registrant who is in 
charge of, and responsible for, the 
operations of a registrant's branch 
office located in this State; 

(8) "Branch office" shall mean any 
location, including a personal residence, 
but not the principal place of business, 
where the registrant holds itself out to 
the public as engaging in business as a 
mortgage banker or mortgage broker; 

(9) "Business day" shall have the same 
meaning as "business day" is defined in 



1520 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



Regulation X; 

(10) "Certified financial statements" shall 
mean the statement of financial 
condition income statement, statement 
of retained earnings, and statement of 
cash flows audited by a certified public 
accountant; 

(11) {W)"Commitment" shall mean an offer 
to make a mortgage loan, signed, 
authorized or made by a mortgage 
banker; 

(12) {W)" Commitment agreement" shall 
mean a commitment accepted by an 
applicant for a mortgage loan; 

(13) f±3)"Commitment fee" shall mean a 
fee, exclusive of any third-party fee, 
imposed by a mortgage banker as 
consideration for binding it to make a 
mortgage loan; 

(14) i±3)" Controlling person" shall mean 
any person, as defined herein, who 
owns or holds with the power to vote 
10% or more of the equity securities of 
the registrant, or who has the power to 
direct the management and policy of the 
registrant; 

(15) {44) "Employee" shall mean any 
individual performing a service for a 
registrant for whom the registrant 
would be liable for withholding taxes 
pursuant to Title 26 of the United States 
Code; 

(16) {+§)" First-tier subsidiary" shall mean a 
corporation of which 100% of the stock 
is directly owned by the parent 
company; 

(IT) {±€)"Good faith estimate" shall have the 
same meaning as "good faith estimate" 
in Regulation X; 

(18) f±7)"HUD" shall mean the United 
States Department of Housing and 
Urban Development; 

(19) "Liquid assets" shall mean cash, cash 
equivalents, or readily convertible 
instruments. Liquid assets may include 
cash on hand, checking accounts, 
savings accounts, certificates of 
deposits, and unrestricted irrevocable 
letters of credit; 

(20) {+8)" Lock-in agreement" shall mean an 
agreement between a mortgage banker 
and an applicant for a mortgage loan 
which, subject to the terms set forth 
therein, obligates the mortgage banker 
to make a mortgage loan at a specified 



rate and a specific number of points, if 
any; 

(21) {49)"Lock-in fee" shall mean points or 
other fees or discounts accepted by a 
mortgage broker for transmittal to a 
mortgage banker or exempt 
organization or by a mortgage banker 
as consideration for the making of a 
lock-in agreement; 

(22) "Net worth" shall mean the owner's 
equity in a business computed as assets 
less liabilities. In computing net worth, 
assets shall not include: 

(A) Assets pledged to secure obligations 
of another person or entity; 

(B) Assets due from either officers or 
stockholders of the registrant or 
related entities. in which the 
registrant's, officers or stockholders 
have a personal interest unrelated to 
their position as an officer or 
stockholder of the registrant; 
Investments in related entities in 
which the registrant's, officers or 
stockholders have a personal interest 
unrelated to their position as an 
officer or stockholder of the 
registrant; 

Investments in joint ventures, 
subsidiaries, affiliates and/or other 
entities, or any portion thereof, which 
is carried at a value greater than the 
book value on the books of the related 



1Q 



(D) 



the amount of 
carried by the 



II) 



M 



entity reduced by 

unacceptable assets 

related entity; 

Intangible covenants not to compete, 

franchisee fees, organization costs, 

etc.: 

Assets not readily marketable and for 

which appraised values are subjective, 

and carried at a value in excess of a 

substantially 

value; 

Assets used 

enjoyment of an officer or stockholder 

and not for normal business purposes; 

Marketable securities, or any portion 

thereof, not shown at the lower of 

cost or market; 

Amounts in excess of the lower of 

cost or market value of mortgages in 

foreclosures, construction loans, or 

foreclosed property acquired by the 

registrant through foreclosure; 



discounted appraised 
for the personal 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1521 



PROPOSED RULES 



(J) Real estate held for investment where 
development is not scheduled to begin 
within two years from the date of 
acquisition; 
(K) Leasehold improvements not 
amortized over the lesser of the 
expected life of the asset or the 
remaining term of the lease; 

(L) Commitment fees paid/collected 
which are not recoverable through the 
closing or selling of loans; 

(23) (3©)"Person" shall mean an individual, 
corporation, partnership, trust, 
association or other entity; 

(24) (34-)"Point" shall mean an origination 
fee or other fee or discount calculated 
as 1 % of the principal amount of the 
loan or 1% of the amount financed, 
however such point may be 
denominated by the registrant. The 
term point shall include, but not be 
limited to, percentage based fees 
denominated as application fees, 
mortgage brokerage fees, origination 
fees, or warehousing fees; 

(25) (33)"Premium" shall be synonymous 
with "bonus" as defined herein and 
shall mean money, or an equivalent, 
given in addition to usual 
compensation; 

(26) (33)"Premium pricing" shall mean a 
loan delivered to a lender at an adjusted 
interest rate that will meet the lender's 
yield requirements and will enable the 
broker to receive as its fee the 
difference between the points delivered 
to the lender and the fee allotted to the 
customer; 

(27) (34) "Prevailing rate" shall mean an 
interest rate on a mortgage loan that is 
set by a mortgage banker after the 
issuance of a commitment but prior to 
or on the closing date. Such rate may 
be fixed or variable; 

(28) (35) "Principal officer" shall have the 
same meaning as "executive officer" as 
defined in Regulation O of the Board of 
Governors of the Federal Reserve 
System, codified at 12 CFR Part 215, 
et seq. ; 

(29) (36)"Registration of Mortgage Bankers 
and Brokers Act" shall mean the 
Registration Requirements Act for 
Certain Makers of Mortgages and 
Deeds of Trust on Residential Real 



Property, codified at Chapter 53, 
Article 19 of the General Statutes of 
North Carolina (G.S. 53-233, et seq.); 

(30) (^"Regulation X" shall mean 
Regulation X as promulgated by HUD 
and codified at 24 CFR Part 3500, et 
seq.; 

(31) (^"Regulation Z" shall mean 
Regulation Z as promulgated by the 
Board of Governors of the Federal 
Reserve System and codified at 12 CFR 
Part 226, et seq. ; 

(32) (39)"RESPA" shall mean the Real 
Estate Settlement Procedures Act, 
codified at 12 USC 2601, et seq.; 

(33) (30)"Tablefunding" shall mean a 
transaction in which a registrant closes 
a loan in its own name with funds 
provided by others and such loan is 
assigned within 24 hours of the funding 
of the loan to the mortgage lender 
providing the funding; 

(34) (3+) "Settlement cost" shall have the 
same meaning as "settlement cost" is 
defined in Regulation X; 

(35) (33)"Third-party fee" shall mean the 
fees or charges paid by the applicant 
for a mortgage loan to the registrant for 
transmittal to third persons who provide 
services in connection with the 
mortgage loan, including, but not 
limited to, recording taxes and fees, 
reconveyance or releasing fees, 
appraisal fees, credit report fees, 
attorney's fees, fees for title reports and 
title searches, title insurance premiums, 
surveys and similar charges; 

(36) (33) "Truth In Lending Act" shall mean 
Title I of the Consumer Credit 
Protection Act, as amended, and 
codified at 15 USC 1601, et seq. 

(b) For the purposes of this Subchapter, unless 
the context clearly requires otherwise, the terms 
mortgage banker and mortgage broker shall mean 
a registrant. 

(c) Any application for registration or any 
report, annual statement, amendment to 
application, notice or other document which is 
required by law or rule to be filed with the 
Commissioner shall be addressed as follows: The 
Commissioner of Banks located at 430 North 
Salisbury Street. Dobbs Building, Suite 6210, 
Raleigh, North Carolina 27611. The mailing 
address is RO. Box 29512, Raleigh, North 
Carolina 27626-0512. 



1522 



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January 3, 1995 



9:19 



PROPOSED RULES 



Commissioner of Banks 

Post Office Box 29512 

Raleigh, North Carolina 27626 0512 

Statutory Authority G.S. 53-233; 53-234; 53-241. 

SECTION .0200 - MINIMUM NET WORTH, 

LIQUIDITY AND BONDING 

REQUIREMENTS 



10201 MINIMUM NET WORTH 

REQUIREMENT FOR MORTGAGE 
BANKERS 

(a) A mortgage banker shall have at all times a 
let worth of at least two hundred and fifty 
housand dollars ($250,000). 

(b) A mortgage banker that engages in 
tablefunding, but does not engage in any other 
mortgage banking activity, shall have at all times 
the same net worth as required for mortgage 
brokers pursuant to Rule .0202(a) of this Section. 

(e) — Mortgage bankers which are approved for 



registration by the Commissioner on or after the 
effective — date — of this — Ru4e — sbaH — hav e , — at — a 



minimum, the net worth set forth herein upon 
approval. — Mortgage bankers which were approved 



for registration by the Commissioner before the 
effective date of this Rule shall have until January 



9, 1995 to comply with this Rule. 
{d) — Mortgage bankers which were approved for 



registration — by — the — Commissioner — before — the 
effective date of this Rule shall submit to the 



Commissioner an audited Statement of Financial 



Condition (balance sheet) on or before March 31, 
1995 which shall verify their financial condition as 



of the most recently completed accounting period. 
(c) For any year in which a mortgage banker 
seeks to rely on the capital of its parent to satisfy 



the requirements of Paragraph (a) of this Rule, ]t 
shall provide to the Commissioner of Banks: 

(1) Certified Financial Statements of the 
parent showing a net worth of at least 
five-hundred thousand dollars 
($500,000) as of the close of its most 
recent fiscal year; and 

(2) A binding written commitment from the 
parent to the lender to make a minimum 
of five-hundred thousand dollars 
($500,000) available to the mortgage 
banker in connection with its mortgage 
banking activities. 

Statutory Authority G.S. 53-236(b); 53-241. 

.0202 MINIMUM NET WORTH 



REQUIREMENT FOR MORTGAGE 
BROKERS 

(a) A mortgage broker shall have at all times a 
net worth of at least twenty-five thousand dollars 
($25,000). However, mortgage brokers which 
must have a greater net worth to participate in 
mortgage lending programs sponsored by the 
federal government or any agency thereof shall at 
all times maintain the net worth required by the 
federal government or its agencies. 

fb) — Mortgage brokers which arc approved for 
registration by the Commissioner on or after the 
effective — date — of this — Rate — sheH — hav e , — at — a 
minimum, the net worth set forth herein upon 
approval. — Mortgage brokers which were approved 
for registration by the Commissioner before the 
effective date of this Rule shall have until January 
9, 1995 to comply with this Rule. 

(e) — Mortgage brokers which were approved for 
registration — by — the — Commi s sioner — before — the 
effective date of thi s Rule shall submit to the 
Commissioner an audited Statement of Financial 
Condition (balance sheet) on or before March 31, 
1995 which shall verify their financial condition as 
of the most recently completed accounting period. 



Statutory Authority G.S. 53-236(b); 53-241. 



.0203 LIQUIDITY OF MORTGAGE 
BANKERS AND BROKERS 

(a) All mortgage bankers and broker s shall 
maintain minimum liquid assets consisting of cash 
or its equivalent acceptable to the Commissioner in 
the amount of 20% of their net worth, up to a 
maximum — liquidity — of one — hundred — thousand 
dollars ($100,000) of fifty thousand dollars 
($50,000) . 

(b) All mortgage bankers and brokers which arc 
approved for registration by the Commissioner on 
or after the effective date of thi s Rule s hall meet 
the requirements — of this — Rule upon approval. 
Mortgage — bankers — and — brokers — which — were 
approved for registration by the Commissioner 
before the effective date of thi s Rule shall have 
until January 9, 1995 to comply with thi s Rule. 

(b) All mortgage brokers and mortgage bankers 
whose only activity is tablefunding shall maintain 
minimum liquid assets in the amount of five 
thousand dollars ($5,000). 



Statutory Authority G.S. 53-236(b); 53-241. 

.0204 SURETY BOND 

(a) All mortgage bankers and brokers shall post 
a surety bond in the amount of twenty five 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1523 



PROPOSED RULES 



thousand dollars ($25,000) fifty thousand dollars 
($50,000) with the Commissioner which shall run 
to the benefit of the Commissioner. The bond 
shall be executed by a company authorized to do 
business in North Carolina and shall be condi- 
tioned upon the obligor's compliance with the 
provisions of the Registration of Mortgage Bankers 
and Brokers Act and all Rules adopted thereunder. 

(b) All mortgage brokers and mortgage bankers 
whose only activity is tablefunding shall post a 
surety bond in the amount of twenty five thousand 
dollars ($25,000) with the Commissioner of Banks 
which shall run to the benefit of the Commission- 
er. The bond shall be executed by a company 
authorized to do business in North Carolina and 
shall be conditioned upon the obligor's compliance 
with the provisions of the Registration of Mortgage 
Bankers and Brokers Aet and all rules adopted 
thereunder. 

(c) {b)Mortgage bankers^ excluding mortgage 
bankers whose only activity is tablefunding, and 
brokers which are approved for registration by the 
Commissioner on or after the effective date of this 
Rule shall meet the requirements of this Rule upon 
approval. Mortgage bankers and brokers which 
were approved for registration by the Commission- 
er before the effective date of this Rule shall have 
until January 9, 1995 1996 to comply with this 
Rule. 

Statutory Authority G.S. 53-236(b); 53-241. 

SECTION .0300 - REGISTRATION OF 

MORTGAGE BANKERS AND 

MORTGAGE BROKERS 

.0301 APPLICATION FOR REGISTRATION 
AS A MORTGAGE BANKER OR 
BROKER 

(a) Any person who would like to engage in 
business as a mortgage banker or mortgage broker 
pursuant to the Registration of Mortgage Bankers 
and Brokers Act shall first be registered with the 
Commissioner. An application shall be obtained 
from the Commissioner and shall be filed pursuant 
to Rule .0101(c) of this Subchapter. 

(b) The application for registration as a mort- 
gage banker or mortgage broker shall include a 
certified Statement of Financial Condition the 
following: 

{¥) An — audited — Statement — ef- — Financial 

Condition (balance sheet) of the appli- 
cant for the previous accounting period 
reflecting a minimum net worth and 
liquidity as required by Section .0200 



of this Subchapter-; .. 
(c) In addition, the application for a mortgag e 
banker or mortgage broker shall include the 
followin g: 

(1) {3)A surety bond as set forth in Rule 
.0204 of this Subchapter; 

(2) {3)Copies of the following documents, 
where applicable: 

(A) The applicant's Articles of Incorpora- 
tion, or General or Limited Partner- 
ship Agreement, 

(B) A Certificate of Existence or Certifi- 
cate of Good Standing, not more than 
90 days old, from the applicant's state 
of incorporation, 

(C) A Certificate of Authority to do busi- 
ness in this State, 

(D) A copy of the applicant's Certificate 
of Assumed Name; 

(3) {4)Disclosure of any criminal proceed- 
ings pending against or criminal convic- 
tions entered against the applicant, its 
partners, directors, principal officers or 
controlling persons; 

(4) ^Disclosure of any civil proceedings 
pending against or civil judgments 
entered against the applicant, its part- 
ners, directors, principal officers or 
controlling persons which involve fraud 
or dishonesty; 

(5) {6)Disclosure of any civil judgments 
entered against the applicant, its part- 
ners, directors, principal officers or 
controlling persons during the past 10 
years which have remained partially or 
wholly unpaid; 

(6) f?)Disclosure of the following proceed- 
ings involving the applicant: bankrupt- 
cy, assignment for the benefit of credi- 
tors, receivership, conservatorship or 
similar proceeding; 

(7) {8-)Disclosure of enforcement proceed- 
ings by the Federal Housing Adminis- 
tration, Veterans Administration, Feder- 
al National Mortgage Association, or 
any other federal or state agency 
against the applicant, its partners, direc- 
tors, principal officers or controlling 
persons which involve licensure or 
business activities as a mortgage broker 
or mortgage banker; 

(8) {9)A description of the applicant's 
business operations and organizational 
structure; 

(9) {4Q)The addresses at which the appli- 



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9:19 



PROPOSED RULES 



cant intends to engage in business as a 
mortgage banker or broker, including 
branch offices and the name of the 
branch manager at each branch office; 

(10) {44}A description of the business expe- 
rience, current business activities and 
education of the applicant, its partners, 
directors, principal officers and control- 
ling persons; 

(11) {-tS)Evidence of compliance with the 
experience requirements set forth in 
Rules .0303 and .0304 of this Section; 

(12) {4-3}Three business references, includ- 
ing one bank reference; 

(13) <44)Where applicable, the names and 
business addresses of all lenders whom 
the applicant is authorized to represent 
and whom the applicant may bind to 
loan terms. A copy of the agency 
agreement for each such lender shall be 
provided. 

(d) (e)The following fees shall be submitted with 
;he application for registration as a mortgage 
Danker or mortgage broker: 

(1) A nonrefundable application fee made 
payable to the Commissioner in the 
amount set forth in G.S. 53-236(b); 

(2) An annual registration fee made payable 
to the Commissioner in the amount set 
forth in G.S. 53-242. 

(e) {d)The application shall be in writing and 
shall be verified by the oath of the applicant. 

(f) {e)A person who wishes to engage in busi- 
ness as both a mortgage broker and a mortgage 
banker shall so state on the application and shall 
meet all standards for registration as both a mort- 
gage banker and mortgage broker. Such applicant 
shall submit with its application only one non- 
refundable fee as set forth in G.S. 53-236(b) and 
two annual registration fees as set forth in G.S. 
53-242. 

(g) ff)In addition to the documents and informa- 
tion described in Paragraph (b) of this Rule, the 
Commissioner may require additional information 
as necessary to make the findings required by G.S. 
53-236 and G.S. 53-237. 

(h) {g)In the event of denial of the application, 
the Commissioner shall refund in full any annual 
registration fees paid pursuant to G.S. 53-242. 

£ii {h)Incomplete application files may be closed 
and deemed denied without prejudice when the 
applicant has not submitted information requested 
by the Commissioner within 30 days of request. 

Statutory Authority G.S. 53-235; 53-236; 53- 



237(a); 53-241; 53-242. 

.0306 NONTRANSFERABILITY OF 

CERTIFICATE OF REGISTRATION 

(a) A Certificate of Registration shall be neither 
transferable nor assignable. 

(b) The circumstances under which the Commis- 
sioner shall deem a change in the registrant's 
organizational structure to constitute a transfer or 
assignment of the Certificate of Registration shall 
include, but not be limited to, the following: 

(1) If the registrant is a corporation: 

(A) A change in ownership of 50% 25% 
or more of the registrant's stock; 

(B) The conversion of the corporation into 
a general or limited partnership or 
sole proprietorship; 

(2) If the registrant is a general or limited 
partnership: 

(A) A change in one of the registrant's 
general partners; 

(B) The conversion of the general partner- 
ship into a limited partnership, corpo- 
ration or sole proprietorship; 

(C) The conversion of the limited partner- 
ship into a general partnership, corpo- 
ration or sole proprietorship; 

(3) If the registrant is a sole proprietor: 

(A) The conversion of the sole proprietor- 
ship into a general or limited partner- 
ship or corporation; 

(B) The sale of all of the assets of the 
registrant's business to another per- 
son. 

(c) Upon a change in organization as set forth in 
Paragraph (b) of this Rule, the Certificate of 
Registration shall become void and the registrant 
shall surrender its Certificate of Registration to the 
Commissioner within 30 days of such change. If 
the entity which results from the change in the 
registrant's organizational structure would like to 
engage in business as a mortgage banker or mort- 
gage broker in this State, it shall apply for a 
Certificate of Registration pursuant to Rule .0301 
of this Section. 

Statutory Authority G.S. 53-237 (c); 53-241. 

SECTION .0400 - OPERATIONS 

.0401 ANNUAL REGISTRATION FEE 

(a) On or before December 31 of each year, 
each registrant shall pay the annual fee set forth in 
G.S. 53-242. 

(b) Failure of a registrant to pay the annual fee 



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1525 



PROPOSED RULES 



within 30 31 business days of the date specified in 
Paragraph (a) of this Rule shall be grounds for 
revocation of ita registration result in the expira- 
tion of the registration pursuant to G.S. 53-239(c). 

Statutory Authority G.S. 53-239(c); 53-241; 53- 

242. 

.0402 ANNUAL STATEMENT 

(a) No later than 90 120 days after the end of 
the regi s trant's mortgage banker and mortgage 
broker's accounting period, it shall file an annual 
s tatement which shall be obtained from the Com 
missioncr and shall be filed a certified Statement 
of Financial Condition reflecting a minimum net 
worth and liquidity as set forth in Section .0200 of 
this Subchapter, pursuant to Rule .0101(c) of this 
Subchapter. 

fb) — The annual statement referenced in Para 
graph (a) of thi s Rule shall include a Statement of 
Financial Condition (balance sheet) for the prcvi 
ous accounting period reflecting a minimum net 
worth and liquidity as set forth in Rules .0201, 
.0202 and .0203 of thi s Subchapter. 

(c) If there is any evidence that the Statement of 
Financial Condition (balance sheet) referenced in 
Paragraph (b) of this Rule is inaccurate, incom 
plcte — ef — misleading, — the — Commissioner — shall 
require the registrant to submit an audited State 
ment of Financial Condition (balance sheet). 

(b) (d)The annual statement required by_ this 
Rule shall be in writing and be verified by the oath 
of the registrant. 

(c) {e)Failure of a registrant to submit an annual 
statement in the manner required by this Rule shall 
be grounds for revocation of its registration pursu- 
ant to G.S. 53-239(c). 

Statutory Authority G.S. 53-239(c); 53-241. 

.0403 SEGREGATION OF FEES 

(a) A mortgage broker and a mortgage banker 
that engages in tablefunding but does not engage in 
any other mortgage banking activity shall immedi- 
ately deposit all third-party fees and refundable 
fees in a segregated account in a federally insured 
financial institution. The account shall be in the 
name of the registrant. The account shall be used 
exclusively for third-party fees and refundable 
fecSi and shall be reconciled monthly . 

(b) For purposes of this Rule "immediately" 
means within seven business days of receipt of the 
funds. 

Statutory Authority G.S. 53-238; 53-241. 



.0405 RECORD AND BOOKKEEPING 
REQUIREMENTS 

(a) A registrant shall maintain books and records 
which shall include, at a minimum, the following: 

(1) A record, such as a cash receipts jour- 
nal, of all monies received in connec- 
tion with each mortgage loan showing 
at least: 

(A) Identity of payor, 

(B) Date received, 

(C) Amount received, 

(D) Description of the purpose of pay- 
ment, 

(E) Identification of the loan to which the 
receipt relates, if any; 

(2) A sequential listing of checks written 
for each bank account relating to the 
registrant's business as a mortgage 
broker or mortgage banker, such as a 
cash disbursements journal, showing at 
least: 

(A) Payee, 

(B) Amount, 

(C) Date, 

(D) Purpose of payment, including identi- 
fication of the loan to which it relates, 
if any; 

(3) A file for each mortgage loan contain- 
ing: 

(A) Name of applicant, 

(B) Date of application, 

(C) Employee processing the application, 

(D) Compensation received by registrant, 

(E) Copies of all agreements or contracts 
with the applicant including commit- 
ment and lock in agreements, where 
applicable, 

(F) All contracts, agreements and escrow 
instructions to or with any depository, 

(G) Documents showing compliance with 
applicable State and Federal law, 
rules and regulations; 

(4) Samples of each piece of advertising 
relating to the registrant's business of 
mortgage brokerage or mortgage bank- 
ing in North Carolina; 

(5) If the registrant is a corporation, gener- 
al or limited partnership, copies of the 
following: 

(A) Articles of Incorporation or General 
or Limited Partnership Agreement, 

(B) Corporate or partnership minutes, if 
required by law, 

(C) Annual reports, if required by law; 

(6) A monthly reconciliation of the account 



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PROPOSED RULES 



referred to in Rule .0403 of this Sec- 
tion. 

(b) All records required by Paragraph (a) of this 
Rule shall be kept for a period of at least three 
/ears, and shall be available upon 72 hours notice 
jy the Commissioner. Such records may be 
Maintained in the form of magnetic tape, magnetic 
iisk or other form of computer, electronic or 
nicrofilm media available for examination on the 
)asis of computer printed reproduction, video 
display or other medium acceptable to the Com- 
nissioner. However, books and records kept in 
:his manner shall be convertible into clearly legi- 
ble, tangible documents within 72 hours of request 
■>y the Commissioner. This time period shall be 
extended for an additional reasonable time by the 
Commissioner if the registrant demonstrates to the 
satisfaction of the Commissioner that it cannot 
Drovide the records requested within 72 hours of 
request. 

(c) All records required by Paragraph (a) of this 
Rule shall be prepared in accordance with general- 
ly accepted accounting principles, where applica- 
ble. 

(d) A registrant shall notify the Commissioner of 
any change in the location of its books and re- 
cords. 

Statutory Authority G.S. 53-238; 53-239; 53-241. 

.0406 DISPLAY OF CERTIFICATE OF 
REGISTRATION 

(a) A registrant shall post its Certificate of 
Registration in plain view of customers at its 
principal office, each of its branch offices in this 
State and any branch offices outside of this State at 
which mortgage loans are originated or made on 
residential real property as defined in G.S. 53- 
234(1) and (2). 

(b) A registrant shall notify the Commissioner of 
a change in the name under which it operates or 
the address of its principal office and any branch 
office as set forth in Paragraph (a) of this Rule. 
The notification shall be made at least 30 business 
days prior to the effective date of such change, 
shall provide the new name or address and shall be 
accompanied by a certificate reissuance fee of 
twenty-five dollars ($25.00) payable to the Com- 
missioner. Upon receipt of a Certificate of Regis- 
tration which contains the new address, a registrant 
shall surrender its former Certificate of Registra- 
tion to the Commissioner. 

Statutory Authority G.S. 53-122(3); 53-234(1); 53- 
234(2); 53-237 (c); 53-241. 



SECTION .0500 - REPORTING AND 
NOTIFICATION REQUIREMENTS 

.0501 AMENDMENTS TO APPLICATION 

A registrant shall maintain a current application 
with the Commissioner. If the information con- 
tained in the application changes in any material 
respect, the registrant shall notify the Commission- 
er within 30 bu s ine ss days of the effective date of 
such change. Notification to the Commissioner 
shall be accomplished either by letter or by revi- 
sion of the applicable pages of the application filed 
pursuant to Rule .0301 of this Subchapter. If the 
registrant elects to comply with this Rule by 
revising its application, it shall obtain the applica- 
ble pages of the application from the Commission- 
er. For the purposes of this Rule, the term "mate- 
rial" shall mean any information which would be 
likely to influence the granting of a Certificate of 
Registration. The term "material" shall include 
information concerning changes in the registrant's 
corporate officers, partners, or business structure. 
It shall also include changes in the address of the 
registrant's main or branch offices and any names 
under which the registrant operates. 

Statutory Authority G.S. 53-241. 

.0502 WITHDRAWAL/TERMINATION/ 
REGISTRATION/MTGE BANKER/ 
MTGE BROKER 

(a) A registrant shall notify the Commissioner in 
writing of its decision to cease operations as a 
mortgage banker or mortgage broker in this Slate 
within three busine ss seven days of such decision. 

(b) A registrant shall surrender its Certificate of 
Registration to the Commissioner no later than 39 
business 15 days after it has ceased operations in 
this State. 

Statutory Authority G. S. 53-241 . 

.0503 IMPAIRMENT OF MINIMUM NET 
WORTH, LIQUIDITY OR SURETY 
BOND 

(a) A registrant shall immediately notify the 
Commissioner in writing if, at any time, it fails to 
meet the minimum net worth or liquidity require- 
ments of Rules .0201, .0202 or .0203 of this 
Subchapter. 

(b) A registrant shall immediately notify the 
Commissioner in writing of any cancellation or 
suspension of the surety bond required by Rule 
.0204 of this Subchapter. 

(c) For the purposes of this Rule, immediately 



9:19 



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January 3, 1995 



1527 



PROPOSED RULES 



means within three bu s ines s seven days of discov- 
ery of the failure to meet the minimum net worth, 
liquidity and bonding requirements of Rules .0201, 
.0202, .0203, .0204 of this Subchapter. 

Statutory Authority G.S. 53-236(b); 53-241. 

SECTION .0600 - PROHIBITED ACTS 
AND PRACTICES; INVESTIGATIONS 

.0601 PROHIBITED CONDUCT AND 
PRACTICES 

(a) For the purposes of G.S. 53-238(1) and (2), 
the terms "material facts," and "material factors, 
terms or conditions" shall mean any term, fact, 
factor or condition which is likely to influence, 
persuade or induce an applicant for a mortgage 
loan to take a particular action. 

(b) For the purposes of G.S. 53-238(6), acts and 
practices of a registrant which shall be deemed not 
in "good faith" or "fair dealing" shall include the 
following: 

(1) The failure to make a good faith effort 
to issue commitments and effect closing 
in a timely manner; 

(2) The failure to provide any of the disclo- 
sures in the manner and at the times 
required by this Subchapter; 

(3) The failure to disburse funds in accor- 
dance with a commitment to make a 
mortgage loan which is accepted by the 
applicant; 

(4) The conduct of business with an entity 
which it knows is an unregistered mort- 
gage broker or mortgage banker; 

(5) The acceptance of any fees at closing 
which were not disclosed in accordance 
with this Subchapter^ 

(6) The failure to provide an accurate loan 
payoff amount requested by a borrower 
or an authorized agent in a timely 
manner. 

Statutory Authority G.S. 53-238; 53-241. 

.0602 SOLICITATION AND ADVERTISING 

(a) A registrant shall not advertise mortgage 
loan products unless it will make such products 
available to a reasonable number of qualified 
applicants responding to the advertisement. 
Nothing in this Paragraph shall require a registrant 
to make a loan to an unqualified applicant. 

(b) No registrant shall fraudulently or deceitfully 
advertise a mortgage loan, or misrepresent the 
terms, conditions or charges incident to a mort- 



gage loan in any advertisement. Conduct which 
shall be deemed fraudulent, deceitful or misleading 
shall include the following: 

(1) The advertisement of immediate ap- 
proval of a loan application or immedi- 
ate closing of a loan; 

(2) The advertisement of a no-point mort- 
gage loan when points are a condition 
for commitment or closing; 

(3) The advertisement of an intentionally 
incorrect number of points; 

(4) The advertisement that an applicant will 
have unqualified access to credit with- 
out disclosing material limitations on 
the availability of credit, such as the 
percentage of down payment required, 
that a higher interest rate or points may 
be required, or that restrictions as to 
the maximum principal amount of the 
loan offered may apply; 

(5) The advertisement of a specific time 
period within which a commitment will 
be issued unless a commitment will be 
issued to a qualified applicant within 
the time period specified; 

(6) The advertisement of a mortgage loan 
where an interest rate is indicated in the 
advertisement, unless the advertisement 
provides that the expressed rate may 
change or not be available at commit- 
ment or closings 

(7) The advertisement of mortgage loan 
interest rates that are in violation of 
State or Federal laws and regulations. 

Statutory Authority G.S. 53-238; 53-241. 

SECTION .0700 - DISCLOSURE 
REQUIREMENTS 

.0702 MORTGAGE BROKER 

APPLICATION DISCLOSURES 

(a) This Rule shall apply to mortgage brokers 
and mortgage bankers that engage in tablefunding, 
but do not engage in any other mortgage banking 
activity. 

(b) At or prior to acceptance of the application, 
application fee or third-party fee, whichever shall 
occur first, the registrant shall disclose the follow- 
ing information in writing: 

(1) That it does not fund mortgage loans; 

(2) That it cannot guarantee acceptance into 
any particular loan program, nor can it 
guarantee any specific loan terms or 
conditions; 



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PROPOSED RULES 



(3) The amount of the application fee, and 
the terms or conditions of refund, if 
any. 

(c) Within three business days after the applica- 
ion is received or prepared, the registrant shall 
lisclose the following information in writing by 
lelivering it or placing it in the mail to the loan 
pplicant: 

(1) A good faith estimate of all settlement 
costs; 

(2) The specific services which will be 
provided or performed for the applica- 
tion fee and a description of the costs of 
each service; 

(3) The maximum points or fees of any 
nature, however denominated, including 
premium pricing, payable to the regis- 
trant by the lender and any fees or 
points, however denominated, to be 
paid by the applicant directly to the 
registrant. In those instances where 
fees and points are paid from the loan 
proceeds and are not considered to be a 
cost of credit for the purposes of Regu- 
lation Z, a statement shall be included 
to the effect that such points and fees 
are costs for obtaining the loan which 
the borrower may be obligated to repay 
with interest over the term of the mort- 
gage loan. Alternatively, in those 
instances where fees and points are paid 
directly to the registrant at or before 
closing and are not considered to be a 
cost of credit for the purposes of Regu- 
lation Z, a statement shall be included 
to the effect that such points and fees 
are costs for obtaining the loan and that 
they are an addition to the amount 
which the borrower will actually re- 
ceive from the loan; 

(4) Any premiums or bonuses to be paid to 
the registrant by the mortgage banker 
or exempt organization and the basis of 
its eligibility to receive premiums or 
bonuses^ 

(5) {d)If applicable, the fact that fees are 
being divided between more than one 
mortgage broker, mortgage banker, or 
exempt organization, or any combina- 
tion thereof, and the dollar amount or 
the percentage of such fees. If such 
fees cannot be determined precisely, a 
good faith estimate of such fees shall be 
provided. 

(d) {e)Any third-party fees collected in excess of 



the actual cost shall be returned at or prior to 
closing. 

(e) {f)Some or all of the disclosures required by 
Paragraphs {a) £b) and (b) fc} of this Rule may 
appear on forms used to comply with applicable 
State and Federal laws, rules or regulations or, at 
the option of the registrant, may be made as 
separate disclosures. 

(f) fg)The registrant shall provide each applicant 
with a copy of the application upon request. 
Where both a husband and wife apply jointly for a 
mortgage loan, the registrant may provide only 
one copy of the application to either spouse. 

fg) {b)Nothing in this Rule shall be construed to 
prohibit the acceptance of telephone applications 
provided that the applicant, upon request, is given 
the opportunity to review the information he orally 
submits within 10 busine s s days of the telephone 
application and provided further that the applicant 
receives the appropriate disclosures as set forth in 
this Rule. 

Statutory Authority G.S. 53-238; 53-241. 

.0703 MORTGAGE BANKER 

APPLICATION DISCLOSURES 

(a) This Rule shall not apply to mortgage bank- 
ers that engage in tablefunding, but do not engage 
in any other mortgage banking activity. 

(b) Prior to the acceptance of an application, 
application fee or third-party fee, whichever shall 
occur first, a mortgage banker shall disclose the 
following in writing: 

(1) The amount of the application fee, if 
any; 

(2) Whether the application fee or any 
third-party fee is refundable. For all 
refundable fees, the mortgage banker 
shall disclose the terms and conditions 
of refund. 

(c) Within three business days after the applica- 
tion is received or prepared, the mortgage banker 
shall disclose in writing the mortgage banker's 
good faith estimate of settlement costs by deliver- 
ing it or placing it in the mail to the loan appli- 
cant. 

(d) Any third-party fees collected in excess of 
their actual cost shall be returned at or prior to 
closing. 

(e) Some or all of the disclosures required by 
Paragraph Paragraphs (a) £b) and (c) of this Rule 
may appear on forms used to comply with applica- 
ble State or Federal laws, rules or regulations or, 
at the option of the mortgage banker, may be made 
as separate disclosures. 



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January 3, 1995 



1529 



PROPOSED RULES 



(f) A mortgage banker shall provide each appli- 
cant with a copy of his application upon request. 
Where a married couple applies jointly for a 
mortgage loan, the registrant may provide only 
one copy of the application to either spouse. 

(g) Nothing in this Rule shall be construed to 
prohibit the acceptance of telephone applications 
provided that the applicant, upon request, is given 
the opportunity to review the information he orally 
submits within 10 business days of the telephone 
application and provided further that the applicant 
receives the appropriate disclosures as set forth in 
this Rule. 

Statutory Authority G.S 53-238; 53-241. 

.0705 COMMITMENT DISCLOSURES 

(a) At the issuance of a commitment, or accep- 
tance of a commitment fee, or within three days 
after the application has been received or prepared, 
whichever is later, a mortgage banker shall dis- 
close the following information in writing by 
delivering it or placing it in the mail: 

(1) The following terms and conditions of 
the commitment: 

(A) The amount of the commitment fee, if 
any, 

(B) Whether the commitment fee is re- 
fundable and the terms and conditions 
of refund, 

(C) The time during which the commit- 
ment is irrevocable and may be ac- 
cepted by the borrower, 

(D) The expiration date of the commit- 
ment, 

(E) The amount of fees and charges pay- 
able at the time of commitment, if 
applicable. 

(2) The following terms and conditions of 
the mortgage loan: 

(A) Identification of the entity which will 
fund the loan, 

(B) Identification of the borrower(s), 

(C) Identification of the property securing 
the loan, 

(D) Principal amount of the loan, 

(E) Term of the loan, 

(F) Interest rate of the loan expressed as 
an annual percentage rate as of the 
date of closing. The annual percent- 
age rate shall be calculated as provid- 
ed in the Truth In Lending Act (15 
USC 1606) and Regulation Z (12 
CFR Part 226.22), 

(G) Monthly payment of principal and 



interest, 

(H) Where applicable, a statement that a 

balloon payment will be required, 
(I) If the loan is an adjustable rate loan, 
in addition to the foregoing, the mort- 
gage banker shall disclose the fre- 
quency of change, the index, the 
margin and any relevant caps, 
(J) Where the commitment is a prevailing 
rate commitment, the index and mar- 
gin, if any, upon which the rate for 
the loan will be based, 

(K) Where applicable, a statement that 
private mortgage insurance will be 
required, 

(L) Where applicable, a statement that 
negative amortization may apply, 

(M) Whether and under what conditions 
the loan is assumable, 

(N) Where applicable, a statement that 
funds are to be escrowed, 

(O) The total points to be accepted direct- 
ly or indirectly by or on behalf of the 
mortgage banker at, prior to or after 
closing, 

(P) The mortgage banker shall separately 
identify the points, including premium 
pricing, payable by the lender to a 
mortgage broker or a mortgage bank- 
er that engages in table funding but 
does not engage in any other mort- 
gage banking activity. Upon receipt 
of a copy of the separate fee agree 
ment between the mortgage broker 
and the applicant, the mortgage bank 
or shall disclose any fees or points to 
be paid by the applicant directly to 
the mortgage broker. In instances 
where mortgage brokerage fees and 
points are paid from the loan proceeds 
and are not considered to be a cost of 
credit for the purposes of Regulation 
Z, a statement shall be included which 
states that such points and fees are 
costs of obtaining the loan which the 
borrower may be obligated to repay 
with interest over the term of the 
loan. Alternatively, in instances 
where mortgage brokerage fees and 
points are paid directly to the mort- 
gage broker in full at or before the 
closing and are not considered to be a 
cost of credit for the purposes of 
Regulation Z, a statement shall be 
included which states that such points 



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January 3, 1995 



9:19 



PROPOSED RULES 



and fees are costs of obtaining the 
loan and that they are an addition to 
the amount which the borrower will 
actually receive for the loan, 
(Q) The mortgage banker shall separately 
identify any premiums or bonuses to 
be paid to the mortgage broker or 
mortgage banker that engages in 
tablefunding, but does not engage in 
any other mortgage banking activity, 
(R) No points, however denominated by 
the mortgage banker, may be required 
by the mortgage banker as a condition 
for closing a mortgage loan if they 
have not been previously disclosed 
pursuant to this Rule. 
(3) All conditions precedent to closing, 
including the following, if applicable: 

(A) Title report and title insurance, 

(B) Property survey, 

(C) Copy of certificate of occupancy for 
use, 

(D) Satisfactory final inspection (if new 
construction), 

(E) Evidence of hazard insurance. 

(b) A commitment fee and any points accepted 
3y a mortgage banker prior to closing must be 
refunded in full if an applicant who has provided 
complete and correct credit information as required 
by the application form is rejected as not credit 
worthy. 

(c) In cases where a mortgage broker which is 
an exclusive agent of the mortgage banker agrees 
to prepare the Good Faith Estimate of Settlement 
Costs pursuant to Regulation X, the mortgage 
banker need not disclose terms and provisions 
pursuant to Paragraph (a) of this Rule which have 
already been disclosed on the Good Faith Estimate 
of Settlement Services. 

(d) A mortgage banker shall provide each 
applicant with a copy of the form or forms which 
contain items required to be disclosed by this 
Section. If the applicant is a married couple, the 
mortgage banker may provide only one copy to 
either spouse. 

(e) The items required to be disclosed by Para- 
graph (a) of this Rule may be incorporated into the 
commitment or into one or more forms required 
by State or Federal law, rules and regulations, or 
such items may be contained in a separate form. 

(f) Any additional settlement costs, documents 
or other items required to close the loan which are 
found to be necessary after the commitment has 
been issued shall be disclosed to the applicant in 
writing within three business days of the discovery 



of the need for such items. 

Statutory Authority G.S. 53-238; 53-241. 

TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

J\otice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Child Development 
intends to amend rules cited as 10 NCAC 3U 
. 0302, . 0506, . 0509, . 0601 - . 0602, . 0604, . 0704 - 
.0705, .0714, .0802 - .0803, .1001, .1402 - 
.1403, .1717, .2603, .2610 - .2611. 

1 he proposed effective date of this action is July 
1, 1995. 

A he public hearing will be conducted at 1:30 
p.m. on February 2, 1995 at the Archives & 
History /State Library Bldg. , 109 East Jones Street, 
Raleigh, NC 27601. 

Reason for Proposed Action: 
10 NCAC 3U .0302, .0506, .0509, .0601 - .0602, 
.0604, .0704- .0705, .0714, .0802 - .0803, .1402 
- .1403, .1717, .2603, .2610 - .2611 - To ensure 
continued safety to children in child day care 
settings it is necessary to amend the current day 
care requirements to strengthen and clarify the 
rules by defining types of outdoor equipment, 
materials and training that are necessary for child 
day care programs and child day care staff. 
10 NCAC 3U .1001 - In order to comply with 
legislation ratified on July 1 , 1994 (Chapter 748, 
Senate Bill 1467, Section 1, GS 20-137.1) it is 
necessary to amend the child day care require- 
ments. 

Lsomment Procedures: Written comments con- 
cerning these amendments may be presented at the 
hearing, or submitted by February 2, 1995 to the 
Division of Child Development, PO Box 29553, 
Raleigh, NC 27626-0553, Attn: Jeanne Marlowe. 
Oral comments may be presented at the hearing. 
Length of oral presentations may be limited based 
on the number of people wishing to speak at the 
hearing. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY 
CARE STANDARDS 



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1531 



PROPOSED RULES 



SECTION .0300 - PROCEDURES FOR 
OBTAINING A LICENSE 

.0302 APPLICATION FOR A LICENSE 

(a) The individual who will be legally responsi- 
ble for the operation of the center, which includes 
assuring compliance with the licensing law and 
standards, must apply for a license using the form 
provided by the section. If the operator will be a 
group, organization, or other entity, an officer of 
the entity who is legally empowered to bind the 
operator must complete and sign the application. 

(b) The applicant is responsible for arranging 
for inspections of the center by the local sanitari- 
an, building and fire inspectors. The applicant 
must provide an approved inspection report signed 
by the appropriate inspector to the section's repre- 
sentative. 

(1) A provisional classification may be 
accepted in accordance with Rule 
.0401(1) of this Subchapter. 

(2) When a center does not conform with a 
specific building, fire, or sanitation 
standard, the appropriate inspector may 
submit a written explanation of how 
equivalent, alternative protection is 
provided. The section chief may accept 
the inspector's documentation in lieu of 
compliance with the specific standard. 
Nothing in this Regulation is to pre- 
clude or interfere with issuance of a 
provisional license pursuant to Section 
.0400 of this Subchapter. 

(c) The applicant is responsible for compliance 
with all other state laws and local ordinances that 
apply to the operation of a child day care center. 

(d) The applicant, or the person responsible for 
the day-to-day operation of the center, must be 
able to describe the plans for the daily program, 
including room arrangement, staffing patterns, 
equipment, and supplies, in sufficient detail to 
show that the center will comply with applicable 
requirements for activities, equipment, and 
staff/child ratios for the size facility and type of 
license requested. The applicant shall make the 
following written information available to the 
section's representative for review to verify com- 
pliance with provisions of this Subchapter and the 
licensing law: 

(1) daily schedules, 

(2) activity plans, 

(3) emergency care plan, 

(4) discipline policy, 

(5) injury report, 

(6) injury log. 



(7) medication log. 

(e) The applicant shall, at a minimum, demon- 
strate to the section's representative that measures 
will be implemented to have the following infor- 
mation in the center's files and readily available to 
the representative for review: 

(1) Records on staff which include an 
application for employment; documen- 
tation of previous education, training, 
and experience; medical and health 
records; and documentation of partici- 
pation in training and staff development 
activities; 

(2) Records on children which include an 
application for enrollment; medical and 
immunization records; and permission 
to seek emergency medical care; 

(3) Daily attendance records; 

(4) Records of monthly fire drills giving 
the date each drill is held, the time of 
day, the length of time taken to evacu- 
ate the building, and the signature of 
the person that conducted the drill; 

(5) Records of monthly playground inspec- 
tions documented on checklist provided 
by the Division. 

(f) The section's representative shall measure all 
rooms to be used for day care and shall assure that 
an accurate sketch of the center's floor plan is part 
of the application packet. The section's represen- 
tative shall enter the dimensions of each room to 
be used for day care, including ceiling height, and 
shall show the location of the bathrooms, doors, 
and required exits on the floor plan. 

(g) The section's representative shall make one 
or more compliance inspections of the center and 
premises. 

(1) If the center is in compliance, the rep- 
resentative submits all inspection re- 
ports, the floor plan, and any other 
supporting documents, along with the 
signed application, to the section for 
final review and issuance of the license. 

(2) If the center does not comply with the 
standards in all respects, the representa- 
tive submits all information listed in (1) 
of this Paragraph. The representative 
may recommend issuance of a provi- 
sional license in accordance with Sec- 
tion .0400 of this Subchapter or the 
representative may recommend denial 
of the application. Final disposition of 
the recommendation to deny is the 
decision of the section chief. 

(h) If the license is denied, the operator may not 



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9:19 



PROPOSED RULES 



sapply for a license for that facility for at least 90 
ays from the date the letter of denial is issued or, 
f administrative or judicial review is requested by 
ie applicant, from the date the final agency 
ecision or judicial determination is rendered, 
whichever is later. 

tatutory Authority G.S. 110-88(2); 110-88(5); 
10-91; 110-92; 110-93; 143B-168.3. 

SECTION .0500 - AGE APPROPRIATE 
ACTIVITIES FOR CENTERS 

0506 WRITTEN SCHEDULE: CENTERS 

(a) Centers shall have a schedule for each group 
if children posted for easy reference by parents 
md by caregivers. 

(b) The schedule shall show blocks of time 
isually assigned to types of activities and shall 
nclude periods of time for both active play and 
[uiet play or rest. Blocks of time shall show 
ictivities that are scheduled for indoor and outdoor 



ireas. 

(c) The activities and allotted times reflected in 
he schedule shall be age appropriate for the 
;hildren in the group. 

(d) When children two years old or older are in 
;are, the schedule shall also reflect daily opportu- 
lities for both free-choice and teacher-directed 
ictivities. 



Statutory Authority G. S. 
143B-168.3. 



110-91 (2), (12); 



0509 ACTIVITIES: GENERAL 

REQUIREMENTS FOR CENTERS 

(a) Each center providing care to children aged 
:wo years and older shall have equipment and 
materials available on a daily basis. The equip- 
ment and materials shall be appropriate for the 
iges of the children in care. 

(b) The materials shall be sufficient in quantity 
to provide a variety of play experiences which 
stimulate the children's social, emotional, intellec- 
tual and physical development and the materials 
shall be easily accessible to the children. 

(c) Teacher-made and home-made equipment 
and materials may be used if they are safe and 
functional. Materials and equipment that are 
accessible to children shall not be coated or treated 



with, nor shall they contain, toxic materials. 

(d) Age appropriate equipment and materials 
shall be provided for a variety of outdoor activities 
which allow for vigorous play and large muscle 
development. Each child shall have the opportuni- 



ty for outdoor play each day that weather condi- 
tions permit. The facility shall provide space and 
time for vigorous indoor activities when children 
cannot play outdoors. 



Statutory Authority G. S. 
143B-168.3. 



11 0-9 1(2), (12); 



SECTION .0600 - SAFETY 

REQUIREMENTS FOR DAY CARE 

CENTERS 

.0601 SAFE ENVIRONMENT 

(a) A safe indoor and outdoor environment shall 
be provided for the children in care. 

(b) All hazardous items, materials and equip- 
ment shall be used by children only when adult 
supervision is provided. 

(c) Each day care center shall provide equipment 
and furnishings that are child-size or which can be 
adapted for safe and effective use by children. 
Chairs and tables shall be of proper height for the 
children who will be using them. Outdoor play 
equipment shall be age and developmentally 
appropriate. 

(d) Separate play areas or time schedules shall 
be provided for children under two years of age 
unless fewer than 15 children are in care. If a 
facility shares playground space with another 
facility that serves children, a separate play area or 
time schedule shall be provided for each facility. 

Statutory Authority G.S. 110-85(2); 110-91(3), (6); 
143B-168.3. 



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January 3, 1995 



1533 







PROPOSED RULES 








.0602 CONDITION OF EQUIPMENT AND FURNISHINGS 




(a) All equipment and furnishings shall be assembled and installed according to procedures specified by the 


manufacturer! shall be in good repair and shall be maintained in useable condition. 




(b) Equipment and furnishings shall be sturdy, stable, free of sharp edges, lead based paint, loose nails, 


splinters, protrusions, pinch and crush points, uncapped screws and other hazards that may injure 


children. 


(c) All stationary outdoor equipment must be firmly anchored over a resilient surface. Loose surfacin? 


materia] shall not be installed over concrete. The depth of the surfacing that is require 
height of the equipment. The height is determined bv the maximum height abov 


d shall be based on the 


e ground the piece of 


equipment can attain, and the maximum height that a child can reach on the equipmei 
depth shall equal the amount listed below: 


it. At a minimum, the 






Critical Heights of Playground Equipment for Various Types 




and Depths of Resilient Surfaces 






Wood 


Double 


Uniform 


Fine 


Coarse 


Fine 


Medium 




Mulch 


shredded 
Bark 
Mulch 


Wood 
Chips 


Sand 


Sand 


Gravel 


Gravel 


Equipment 
















Height 
















four feet or less 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


five feet 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


6 inches 


six feet 


6 inches 


6 inches 


6 inches 


12 inches 


12 inches 


6 inches 


12 inches 


seven feet 


6 inches 


9 inches 


9 inches 


12 inches 


N/A * 


9 inches 


N/A* 


eight feet 


9 inches 


9 inches 


12 inches 


12 inches 


N/A * 


12 inches 


N/A* 


nine feet 


9 inches 


9 inches 


12 inches 


12 inches 


N/A * 


12 inches 


N/A* 


ten feet 


9 inches 


9 inches 


12 inches 


N/A * 


N/A * 


12 inches 


N/A* 


eleven feet 


12 inches 


12 inches 


12 inches 


N/A * 


N/A * 


N/A * 


N/A* 



*This type of material is not allowed due to lack of scientific testing of shock-absorbing properties 
at this height. 



Other materials that have been certified by the manufacturer to be shock-absorbing resilient material, may be 
used only if installed, maintained and replaced according to the manufacturer's instructions. Gravel shall not 
be used if the area will be used by children under 3 years of age. The surface material shall extend beyond 
the external limits of the equipment for a minimum of 6 feet. Footings which anchor the equipment shall not 
be exposed. Appropriate surfacing shall be installed in all facilities by January _L, 1996. 

(d) Swings shall have a minimum of 9" of surfacing material that is directly under the swing, and extends 
6 feet jn front and to |JTe sides of the support structure of the swing. 

(d e) All broken equipment or furnishings must be removed from the premises immediately or must be 
stored so that they are not accessible to the children. 

(f) Elevated platforms, used by preschool children, that are more than 20" above the surface shall have a 
guardrail or impenetrable barrier to prevent falls. Elevated platforms that are more than 30" above the surface 
shall have a impenetrable barrier which shall prevent a child from climbing through or past it^ Elevated 
platforms, used exclusively by school-aged children, that are more than 30" above the surface shall have a 
guardrail or impenetrable barrier to prevent falls. Elevated platforms that are more than 48" above the surface 
shall have a full impenetrable barrier which shall prevent a child from climbing through or past iU All sides 
of platforms shall be protected except for the area which allows entry or exit. 

(g) Any openings in equipment, furnishings, steps and handrails shall be smaller than 3 1/2" or greater than 
9", and all angles shall be greater than 55° to prevent entrapment, or shall conform to US Consumer Product 
Safety Commission (USCPSC) guidelines for playground safety, including subsequent amendments. A copy 



1534 



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January 3, 1995 



9:19 



PROPOSED RULES 



f the USCPSC's Handbook for Public Playground Safety can be obtained, at no charge, by writing USCPSC. 



)ffice of Information and Public Affairs, Washington, DC, 20207. 

(n) Equipment ordered or installed prior to January 1 , 1996 shall conform to UCPSC guidelines by January 
< 2000. All equipment installed after January 1, 1996 shall conform to USCPSC guidelines. 



'tatutory Authority G.S. 110-91(6); 143B-168.3. 



0604 GENERAL SAFETY REQUIREMENTS 

(a) Potentially hazardous items, such as firearms 
ind ammunition, hand and power tools, nails, 
ihemicals, lawn mowers, gasoline or kerosene, 
irchery equipment, propane stoves, whether or not 
ntended for use by children, shall be stored in 
ocked areas or with other appropriate safeguards, 
>r shall be removed from the premises. 

(b) Electrical outlets not in use which are locat- 
ed in space used by the children shall be covered 
vith safety plugs unless located behind furniture or 
squipment that cannot be moved by a child. 

(c) Electric fans shall be mounted out of the 
each of children or shall be fitted with an appro- 
bate mesh guard to prevent access by children. 

(d) All small electrical appliances shall be used 
nly in accordance with the manufacturer's instruc- 
10ns. 

(e) Electrical cords shall not be accessible to 
nfents and toddlers. Extension cords, except as 
ipproved by the local fire inspector, shall not be 
ased. Frayed or cracked electrical cords shall be 
eplaced. 

(f) All materials used for starting fires, such as 
matches and lighters, shall be kept in locked 
storage or shall be stored out of the reach of 
children. 

(g) Smoking shall not be permitted in space used 
by children when children are present. All smok- 
ing materials must be kept in locked storage or out 
of the reach of children. 

(h) Fuel burning heaters, fireplaces and floor 
furnaces shall be provided with a protective screen 
attached securely to substantial supports to prevent 
access by children and to prevent objects from 
being thrown into them. 

(i) Plants that are toxic shall not be in indoor or 
outdoor space that is used by or is accessible to 
children. 

(j) The outdoor play area shall be protected by 
a fence or other protection which is at a minimum 
height of 4\ The fencing shall exclude fixed 



bodies of water such as ditches, quarries, canals. 



excavations, and fish ponds. The bottom edge of 
the fence shall be no more than 3 1/2" off the 
ground. All openings in the fence shall be smaller 
than 3 1/2". By July 1, 1996 the top of all fences 
shall be free of protrusions. Gates to the fenced 



outdoor play area shall remain securely closed 
while children occupy the area. When the facility 
uses areas outside the fenced outdoor play area for 
children's activities or takes children off the 
premises for play or outings, the parent of each 
child shall give written permission for the child to 
be included in such activities. The permission 
may be: 

(1) a one-time, blanket permission for all 
activities; 

(2) a one-time, blanket permission for a 
specific activity at any time; or 

(3) a one-time permission for a specific 
activity at a designated time. 

The facility shall maintain the signed permission in 
the child's record. When children are taken off 
the premises, staff accompanying the children shall 
have a list of the names of all children participat- 
ing in the outing. 

(k) Air conditioning units shall be located so 
that they are not accessible to children or shall be 
fitted with a mesh guard to prevent objects from 
being thrown into them. 

(1) Gas tanks shall be located so they are not 
accessible to the children or shall be in a protec- 
tive enclosure or surrounded by a protective guard. 

(m) Cribs and playpens shall be placed so that 
the children occupying them shall not have access 
to cords or ropes, such as Venetian blind cords. 

(n) Children shall not be allowed to play on 
outdoor equipment that is too hot to touch. 

(o) The indoor and outdoor premises shall be 
checked daily for debris, vandalism and broken 
equipment. 

Debris shall be removed and disposed of appropri- 
ately. 

(p) The playground surface area shall be 
checked at least weekly to assure that surface 
material is maintained to assure continued resilien- 
cy, 

(q) A monthly playground inspection shall be 
conducted and a record of each inspection shall be 
completed by a staff person who has received 
training on playground safety. The staff person 
shall use a playground inspection checklist provid- 
ed by the Division. The checklist shall be signed 
by the person who conducts the inspection and 
shall be maintained in the facility's files for review 



9:19 



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January 3, 1995 



1535 



PROPOSED RULES 



by representatives of the Division. 

(r) Swing seats shall be made of plastic or soft 
or flexible material . 

(s) Plastic bags, materials than can be easily torn 
apart such as Styrofoam and foam rubber, and toys 
and toy parts small enough to be swallowed shall 
not be accessible to children under 3 years of age. 

Statutory Authority G.S. 110-85(2); 110-91(3), (6); 
143B-168.3. 

SECTION .0700 - HEALTH AND 

OTHER STANDARDS FOR CENTER 

STAFF 

.0704 PRESERVICE REQUIREMENTS 
FOR ADMINISTRATORS 

(a) The on-site administrator who has overall 
responsibility for planning and administering the 
child care program shall meet the following re- 
quirements: 

(1) Be at least 21 years of age, and be 
literateTi and 

(2) Have either a high school or general 
education diploma-j and 

(3) Have completed at least 4 clock hours 
of training in safety by July 1996. At 
a minimum the training shall address 
playground safety hazards, playground 
supervision, maintenance and general 
upkeep of the outdoor area, and age 
and developmentally appropriate play- 
ground equipment; and 

(4) 0)Have two years of full-time verifi- 
able child day care or early childhood 
experience; or an undergraduate, gradu- 
ate, or associate degree, with at least 12 
semester hours in child development, 
child psychology, early childhood 
education or directly related field; or a 
Child Development Associate Creden- 
tial; or completion of a community or 
technical college curriculum program in 
the area of child care or early child- 
hood; and 

(5) {4)Have verification of having success- 
fully completed, or be currently en- 
rolled in, 3 credit hours, or 33 clock 
hours, of training in the area of child 
care program administration; or, have 
one year experience performing admin- 
istrative responsibilities; or, have one 
year experience performing administra- 
tive responsibilities and have another 
full-time staff person, who meets (1) 



through £4} {£) of this Paragraph who is 
responsible for planning and implement- 
ing the daily program at the center to 
comply with Sections .0500 and .0600 
of this Subchapter. 

(b) The administrator of a child day care pro- 
gram who does not routinely work on site, or who 
is responsible for more than one child day care 
arrangement, shall have verification of having 
successfully completed, or be currently enrolled 
in, 3 credit hours, or 33 clock hours, of training in 
child care program and administration; or, have 
one year experience performing administrative 
responsibilities and have at least one full-time staff 
person on site at each center who meets the re- 
quirements of (1) through (3) of this Paragraph. 

(c) Any person who is at least 21 years old and 
literate who was employed as an on-site adminis- 
trator in a day care program on or before Septem- 
ber 1, 1986, shall be exempt from the provisions 
of Paragraphs (a) and (b) of this Rule., except all 
administrators shall meet the provisions in Sub- 
paragraph (a)(3) of this Rule . 

Statutory Authority G.S. 110-91(8); 143B-168.3. 

.0705 SPECIAL TRAINING 
REQUIREMENTS 

(a) At least one staff member shall be knowl- 
edgeable of and able to recognize common conta- 
gious and infectious diseases. 

(b) The facility shall have on file verification 
that there is at least one staff person present at the 
center at all times children are in enre who has 
successfully compl e ted a course in basic firet aid 
within the lost three year s . Staff who have suc- 
cessfully completed a course in basic first aid in 
the last three years shall be present at the facility 
at all times children are present. The number of 
staff required to complete the course shall be based 
on the number of children present in the facility as 
shown in the following chart: 

Number of children present Number of staff 



Iz29 

30 ; 79 

80 and above 



required 

1 staff 

2 staff 

3 staff 



Verification of each required staff person's com- 
pletion of this course shall be maintained in the 
person's individual personnel file in the facility. 
The basic first aid course at a minimum shall 
address principles for responding to emergencies^ 
rescue breathing, and techniques for handling 
common childhood injuries, accidents and illnesses 
such as: choking, burns, fractures, bites and 



1536 



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January 3, 1995 



9:19 



PROPOSED RULES 



stings, wounds, scrapes, bruises, cuts and lacera- 
ions, poisoning, seizures, bleeding, allergic 
eactions, eye and nose injuries and sudden chang- 
is in body temperature. 

(c) A first aid information sheet shall be posted 
n a prominent place for quick referral. Copies of 
his form may be requested from the Medical 
Society of the State of North Carolina, P.O. Box 
27167, Raleigh, North Carolina, 27611. 

(d) At least one person who has a current life 
saving training certificate, issued by the Red Cross 
or other issuing entity approved by the Section, 
appropriate for both the type of body of water and 
type of aquatic activities shall supervise the chil- 
dren whenever they are participating in swimming 
or other aquatic activities in or near a swimming 
pool or other body of water as required in Rule 

1403 of this Subchapter. 

(e) Each day care facility shall have at least one 
person on the premises at all times who is certified 
has current certification by either the American 
Heart Association or the American Red Cross to 
perform cardiopulmonary resuscitation appropriate 
for the ages of children in care. 

(f) There shall be at least two staff, including 
the administrator, who have completed at least 
four clock hours of training in safety. At a mini- 
mum, this training shall address playground safety 



hazards, playground supervision, maintenance and 



general upkeep of the outdoor area, and age and 
developmental^ appropriate playground equip- 



ment. Each day care facility shall have until July, 



199 6 for the required number of staff people to 



obtain this training. 



Statutory Authority G.S. 110-91; 143B-168.3. 

.0714 OTHER STAFFING REQUIREMENTS 

(a) Each day care center shall have an adminis- 
trator on site on a regular basis. This requirement 
may be met by having one or more persons on site 
who meet the requirements for an administrator for 
the size center being operated according to the 
following schedule: 

(1) Each small center shall have an admin- 
istrator on site for at least 20 hours per 
week. 

(2) Each medium center shall have an 
administrator on site for at least 25 
hours per week. 

(3) Each large center shall have an admin- 
istrator on site for at least 30 hours per 
week. 

(b) At least one person who meets the require- 
ments for an administrator or teacher as set forth 



in this Section shall be on site during the center's 
operating hours except that a person who is at least 
18 years old and literate and who has a minimum 
of one year's experience working with children in 
a day care center may be on duty at the beginning 
or end of the operating day provided that: 

(1) No more than ten children are present. 

(2) The staff person has worked in that 
center for at least three months. 

(3) The staff person is thoroughly familiar 
with the center's operating policies and 
emergency procedures. 

(c) At least one person who meets the require- 
ments for a teacher set forth in Rule .0710 of this 
Section shall be responsible for each group of 
children as defined in Rule .0102 of this Subchap- 
ter except as provided in Paragraph (b) of this 
Rule. 

(d) A teacher aide is a person who is responsible 
to the teacher and assists with planning and imple- 
menting the daily program. An aide shall not have 
full responsibility for a group of children except as 
provided in Paragraph (b) of this Rule. 

(e) Children shall be supervised at all times. 
Supervision shall mean visual supervision and 
interaction with the children while moving about 
the indoor or outdoor area, with the exception of 
brief periods necessitated by emergencies and 
day to day child care respon s ibilitie s. 

(f) For groups of children aged two years or 
older, the staff/child ratio during nap time is 
considered in compliance if at least one person is 
either in each room or is visually supervising all 
the children and if the total number of required 
staff are on the premises and within calling dis- 
tance of the rooms occupied by children. 

(g) Arrangements shall be made for qualified 
substitutes or temporary replacements when regu- 
lar staff are absent. When regular staff fail to 
report to work or leave work for a reason which 
cannot be scheduled or planned, such as personal 
emergencies or illness, the person in charge of the 
center shall replace the absent staff with a substi- 
tute within two hours of the time the regular staff 
was scheduled to begin work or left work. Super- 
vision of all children as specified in Paragraph (e) 
of this Rule shall be maintained, even if staff/child 
ratio and space occupancy requirements must be 
violated until the substitute arrives. This allow- 
ance does not apply to failure to return on time 
from regular lunch or break times. Notwithstand- 
ing the inability to plan or anticipate this situation, 
centers in which this allowance is used more than 
three times within a month will lose for three 
months the right to violate staff/child ratio or 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1537 



PROPOSED RULES 



space occupancy requirements in such circumstanc- 
es without penalty. When this provision is used, 
the circumstances that required its use shall be 
documented by the person in charge. 

Statutory Authority G.S. 110-91(7), (8); 
143B-168.3. 

SECTION .0800 - HEALTH 
STANDARDS FOR CHILDREN 

.0802 EMERGENCY MEDICAL CARE 

(a) Each day care center shall have a written 
plan which assures that emergency medical care is 
available or can be obtained for staff and children. 
This plan must give the procedures to be followed 
to assure that any child or staff person who 
becomes ill or is injured and requires medical 
attention while at the center, or while participating 
in any activity provided or sponsored by the 
center, receives appropriate medical attention. 
The following information shall be included in the 
center's emergency medical care plan: 

(1) The name, address, and telephone 
number of a physician, nurse, 
physician's assistant, nurse practitioner, 
community clinic, or local health 
department that is available to provide 
medical consultation: 

(2) The name, address, and telephone 
number of the emergency room to be 
used when the parents or family 
physician cannot be reached or when 
transporting the ill or injured person to 
the person's preferred hospital could 
result in serious delay in obtaining 
medical attention; 

(3) Designation of a means of 
transportation always available for use 
in the event of a medical emergency; 

(4) The name of the person, and his or her 
alternate, at the center, responsible for 
determining which of the following is 
needed, carrying out that plan of action, 
and assuring that appropriate medical 
care is given: 

(A) Simple first aid given at the center for 
an injury or illness needing only 
minimal attention; 

(B) Advice from previously identified 
medical consultant in order to decide 
if care is to be given at the center or 
if the ill or injured person is to be 
transported to a designated medical 
resource; or 



(C) Immediate transportation of the 
person to a designated medical 
resource for appropriate treatment; 

(5) The person at the center who is 
responsible for: 

(A) Assuring that the signed authorization 
described in (c) of this Rule is taken 
with the ill or injured person to the 
medical facility; 

(B) Accompanying the ill or injured 
person to the medical facility; 

(C) Notifying a child's parents or 
emergency contact person about the 
illness or injury and where the child 
has been taken for treatment; 

(D) Notifying the emergency contact 
person when a staff person becomes 
ill or is injured to an extent requiring 
transportation to a medical facility; 

(E) Notifying the medical facility about 
the ill or injured person being 
transported for treatment; and 

(F) Obtaining substitute staff, if needed, 
to maintain required staff/child ratio 
and adequate supervision of children 
who remain in the center; 

(6) A statement giving the location of the 
telephone which is in good working 
condition and is always available for 
use in case of emergency. A telephone 
located in an office in the center that is 
sometimes locked during the time the 
children are present cannot be 
designated for use in an emergency. 

(b) Emergency medical care information shall be 
on file for each individual child and staff person. 
That information shall include the name, address, 
and telephone number of the parent or other 
person to be contacted in case of an emergency, 
the responsible party's choice of health care 
provider, and preferred hospital; any chronic 
illness the individual has and any medication taken 
for that illness; and any other information that has 
a direct bearing on assuring safe medical treatment 
for the individual. This emergency medical care 
information shall be on file in the center on the 
child's first day of attendance or the staff person's 
first day of employment. 

(c) Each child's parent, legal guardian, or 
full-time custodian shall sign a statement 
authorizing the center to obtain medical attention 
for the child in an emergency. That statement 
must be on file on the first day the child attends 
the center. It shall be easily accessible to staff so 
that it can be taken with the child whenever 



1538 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



mergency medical treatment is necessary. 
(d) An injury report shall be completed each 
[me a child sustains an injury other than minor 
jits, bruises and scrapes. This injury report shall 
nclude, at a minimum: child's name, date and 



ime of injury, part of body injured, type of injury, 
tames of adult witnesses to injury, description of 
iow and where injury occurred, piece of 
quipment involved £if any), treatment received 



md steps taken to prevent reoccurrence. This form 



hall be signed by the person completing it and by 
he parent, and maintained in the child's file. If 
nedical treatment is required for an injury the 



:hild sustains while in day care, a copy of the 
njury report shall be mailed to the Division within 



54 hours after treatment, or the next working day, 
(e) Any time a child receives medical treatment 
is a result of an incident occurring while the child 
s in day care, the a pplicable parts of an injury 
eport shall be completed and mailed to the 



Division within 24 hours of treatment, or the next 



vorking day. This could include, for example, if 



he child receives an incorrect dosage of medicine 
: rom a staff person, or gets food poisoning from 
bod eaten at the facility. 
(f) An injury log shall be completed any time an 
njury report is completed. This log shall be 



umulative and maintained in a separate file and 



shall be available for review by a representative of 
he Division. This log shall be completed on a 
brm provided by the Division. 



Statutory Authority 
143B-168.3. 



G.S. 1 10-91(1), (2), (9); 



0803 ADMINISTERING MEDICATION 

(a) No drug or medication shall be administered 
to any child without specific instructions from the 
:hild's parent, a physician, or other authorized 
health professional. No drug or medication will be 
administered after its expiration date. 

(1) Prescribed medicine must be in its 
original container bearing the 
pharmacist's label which lists the 
child's name, date the prescription was 
filled, the physician's name, the name 
of the medicine or the prescription 
number, and directions for dosage, or 
be accompanied by written instructions 
for dosage, bearing the child's name, 
which are dated and signed by the 
prescribing physician or other health 
professional. Prescribed medicine will 
be administered only to the person for 
whom it is prescribed. 



(2) Patent medicines, such as cough syrup, 
aspirin, or medication for intestinal 
disorders, shall be administered as 
authorized in writing by the child's 
parent, not to exceed amounts and 
frequency of dosage specified in the 
printed instructions accompanying the 
medicine. The parent's authorization 
must give the child's name, the name of 
the medicine, dosage instructions, the 
parent's signature, and the date signed. 
Patent medicine may also be 
administered in accordance with 
instructions from a physician or other 
authorized health professional. 

(3) When any questions arise concerning 
whether medication provided by the 
parent should be administered, that 
medication shall not be administered 
without signed, written dosage 
instructions from a licensed physician 
or authorized health professional. 

(b) Any medication remaining after the course 
of treatment is completed must be returned to the 
child's parents. 

(c) Each facility shall maintain a log of 
medications or drugs administered by facility 
personnel to children receiving care. The log shall 
be completed by the person giving the drug or 
medication. Noted on the log shall be the 
following: 

(1) child's name; 



(21 
13} 
141 
© 
161 

m 



type of drug or medication given; 

time given; 

date given; 

amount given; 

name of person administering; and 

signature of person administering. 
A new log shall be completed each week and shall 
contain the required information for each child 
who receives a medication or drug. The log may 
be kept in each individual group or room, or may 
be kept in one central location. 

Statutory Authority G.S. 110-91(1), (2), (9); 
143B-168.3. 

SECTION .1000 - TRANSPORTATION 
STANDARDS 

.1001 SEAT RESTRAINTS 

(a) All day care centers must abide by North 
Carolina law regulating the use of seat belts and 
child passenger restraint devices. 

(b) All vehicles operated by a day care center 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1539 



PROPOSED RULES 



staff person or volunteer, or under contract with a 
center to transport children, must be properly 
equipped with seat belts or child restraint devices 
which met — applicable meet federal standards 
applicable at the time of their manufacture. 

(c) Whenever children are transported, each 
adult and child shall be restrained by an 
appropriate individual seat belt or restraint device 
when the vehicle is in motion. Only one person 
may occupy each seat belt or restraint device. 

(d) Each child under three four years of age 
shall be provided a child passenger restraint device 
appropriate for the child's size and age. Older 
children shall use child restraints or seat belts 
appropriate for their size. 

(e) These restraint regulations do not apply to 
vehicles which are not required by state or federal 
law to be equipped with seat belts, except that 
children under one year of age shall never be 
transported outside an appropriate infant restraint 
device in any vehicle owned or operated under the 
auspices of the day care center. 

Statutory Authority G.S. 110-91(13); 143B-168.3. 

SECTION .1400 - SPACE REQUIREMENTS 

.1402 OUTDOOR SPACE 

(a) When a center is licensed for six to 
twenty-nine children, inclusive, there shall be 75 
square feet per child outdoor play area for the total 
number of children for which the center is 
licensed. In addition, the total number of children 
on the playground shall not exceed the number the 
space will accommodate at 75 square feet per 
child. 

(b) When a center is licensed for 30 or more 
children, there shall be 75 square feet per child of 
outdoor play area for at least one-half of the total 
number for which the center is licensed, provided 
that the minimum amount of space on the outdoor 
play area must be enough to accommodate at least 
30 children. 

(c) Paragraphs (a) and (b) of this Rule apply 
only to child day care centers initially licensed 
after April 1, 1984. 

(d) The outdoor play area shall allow 9 feet of 
clearance space around fixed play equipment and 
15 feet of space around moving parts. Equipment 
shall be placed so that clearance space allocated to 
one piece of equipment does not encroach on that 
of another piece of equipment. Equipment with 
moving parts, such as swings and merry-go- 
rounds, shall be located toward the edge or corner 
of the outdoor play area, or out of the traffic area 



of playing children. 

(e) The outdoor play area shall provide an area 
that is shaded by a building, awnings, trees, or 
other methods. 

(f) The outdoor area shall be designed so that 
staff are able to see and easily supervise the entire 
area. 

Statutory Authority G.S. 110-91(6); 143B-168.3. 

.1403 SWIMMING POOLS 

(a) Except as provided in Paragraph (b) of this 
Rule, — when When children participate in 
swimming or other aquatic activities, a person who 
has a current life guard training saving certificate, 
issued by the Red Cross or other issuing entity 
approved by the Section, appropriate for both the 
type of body of water and type of aquatic activities 
shall be present to supervise the children in or near 
the water and shall not be counted in the staff-child 
ratio. One person with a life guard training 
certificate is required for each group of 25 or 
fewer children. 

(b) — A person with lifeguard certification is not 
required when there arc no more than 12 children 
present and the body of water haa no portion 
deeper than 30 inches and the total surface area is 
not more than 4 00 square feet. — The children shall 
be supervised by at least one adult who is certified 

to perform cardiopulmonary resuscitation 

appropriate for the ages of children in care. 

(b) {e)The staff-child ratios set forth in G.S. 
110-91(7) shall be maintained whenever children 
participate in swimming activities, including 
swimming instruction. 

(c) {d)Any swimming pool deeper than 1 8 inches 
which is located on the day care facility center 
premises shall be enclosed by a fence and must be 
separated from the remaining outdoor play area by 
that fence. 

(d) Swimming pool safety rules shall be posted 
near the swimming pool. At a minimum these 
rules shall address: 



ill 

Ql 



the location of a first-aid kit; 



that non-water toys are prohibited; 
that children shall not run or push one 
another; 

(4) that no swimming is allowed without an 
adult present; and 

(5) that glass objects are not allowed. 

(f) All swimming pools used by children are 
required to meet the " Rules Governing Public 
Swimming Pools", in accordance with 15A NCAC 
18A .2500. A copy of these Rules is on file with 
the Division of Child Development, 319 



1540 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



Chapanoke Road, Raleigh, NC, 27626. 



Statutory Authority G.S. 110-88(5); 110-91(1)(6); 
143B-168.3. 

SECTION .1700 - DAY CARE 
HOME STANDARDS 

.1717 HEALTH, SAFETY AND 

SANITATION REQUIREMENTS 

(a) Each day care home shall comply with the 
following standards in order to maintain a safe, 
healthy and sanitary environment for children: 
(1) To assure a healthy environment, the 
operator shall: 

(A) have on file, for each child who 
attends on a regular basis, a health 
and emergency information form 
completed and signed by the child's 
parents or guardian. The completed 
form must be on file on the first day 
the child attends. A recommended 
form is available from the section. 
However, the operator may use anoth- 
er form provided that form includes 
the following information: 

(i) the child's name, address, and 
date of birth; 

(ii) the names of individuals to whom 
the child may be released; 

(iii) the general status of the child's 
health; 

(iv) any allergies or restrictions on the 
child's participation in activities 
with specific instructions from the 
child's parent or physician; 
(v) the names and phone numbers of 
persons to be contacted in an 
emergency situation; 

(vi) the name and phone number of 
the child's physician and preferred 
hospital; 

(vii) authorization for the operator to 
administer specified medication 
according to the parent's instruc- 
tions, if the parent so desires; 
(viii) notarized authorization for the 
operator to seek emergency medi- 
cal care in the parent's absence. 

(B) serve nutritious meals and snacks 
appropriate in amount and type of 
foods served for the ages of the chil- 
dren in care. 

(C) provide frequent opportunities for 
outdoor play or fresh air. 



(D) provide adequate and individual space 
for each child to rest comfortably. 

(E) be able to recognize symptoms of 
childhood illnesses. 

(F) provide a quiet, separate area which 
can be easily supervised for children 
too sick to remain with other chil- 
dren. Parents must be notified imme- 
diately if their child becomes too sick 
to remain in care. 

(G) visually supervise all children who are 
awake and be able to hear and re- 
spond quickly to those children who 
are sleeping or napping. 

(H) have successfully complete completed 
a basic multimedia first aid course 
prior to regi s tration within the last 
three years. The course, at a mini- 
mum, shall address principles for 
responding to emergencies, techniques 
for rescue breathing, and techniques 
for handling common childhood inju- 
ries, accidents and illnesses such as: 
choking, burns, fractures, bites and 
stings, wounds, scrapes, bruises, cuts 
and lacerations, poisoning, seizures, 
bleeding, allergic reactions, eye and 
nose injuries and sudden changes in 
body temperature . 
(I) have current certification complete a 
course by the American Heart Associ- 
ation or the American Red Cross in 
CPR appropriate for the ages of chil- 
dren in care prior to registration . 
(2) To assure each child's health and 
well-being, no child shall be subjected 
to any form of corporal punishment by 
the day care home operator, substitute 
caregiver, or any other person in the 
home, whether or not these persons 
reside in the home. 

(A) No child shall be handled roughly in 
any way, including shaking, pushing, 
shoving, pinching, slapping, biting, 
kicking, or spanking. 

(B) No child shall ever be placed in a 
locked room, closet, or box. 

(C) No discipline shall ever be delegated 
to another child. 

(D) Discipline shall in no way be related 
to food, rest or toileting. 

(i) No food shall be withheld, or 

given, as a means of discipline, 
(ii) No child shall ever be disciplined 
for lapses in toilet training. 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1541 



PROPOSED RULES 



(iii) No child shall ever be disciplined 
for not sleeping during rest peri- 
od. 
(3) To assure a safe environment, the home 
operator shall: 

(A) keep all areas used by the children, 
indoors and outdoors, reasonably 
clean and orderly and free of items 
which are potentially hazardous to 
children. This includes the removal 
of small items that a child can swal- 
low. In addition, loose nails or 
screws and splinters must be removed 
on inside and outside equipment. 

(B) safely store equipment and supplies 
such as lawnmowers, power tools, 
nails, etc. so they are inaccessible to 
children . 

(C) ensure that all securely anchor station- 
ary outdoor s tationary play equipment 
is firmly anchored and shall not be 
installed over a hard surface. Foot- 
ings which anchor the equipment shall 
not be exposed. 

securely mount electric fans out of the 
reach of children or have a mesh 
guard on each fan. 

cover all electrical outlets not in use 
and remove old, cracked or frayed 
cords in occupied outlets, 
separate firearms and ammunition and 
store both in areas inaccessible to 
children. 

keep items used for starting fires, 
such as matches and lighters, out of 
the children's reach, 
keep all medicines in locked storage, 
keep hazardous cleaning supplies and 
other items that might be poisonous 
out of reach or in locked storage 
when preschool-aged children are in 
care, e.g., toxic plants. 

(J) keep first-aid supplies in a place 
easily accessible to the operator. 

(K) keep the equipment and toys in good 
repair and appropriate for the ages of 
children in care. 

(L) have a working telephone within close 
proximity of the day care home. 
Emergency phone numbers shall be 
readily available. 

(M) have access to a means of transporta- 
tion that is always available for emer- 
gency situations. 

(N) have solid, safe and railed stairs and 



(D) 



(E) 



(F) 



(G) 



(H) 

(I) 



(O) 



(P) 



(Q) 



(R) 



(S) 



II) 



steps if these are used by the children. 
Indoor stairs with more than two steps 
shall be guarded if any children in 
care are two years of age or younger, 
maintain any swimming pools or 
wading pools on the premises in 
manner which will safeguard the lives 
and health of the children. All swim 



ming pools used by day care children 



are required to meet the "Rules Gov 



erning Public Swimming Pools", in 
accordance with ISA NCAC 18A 
.2500. A copy of these Rules is on 
file at the Division of Child Develop- 



ment, 319 Chapanoke Road, Raleigh. 
NC 27626. 

enclose any in-ground swimming 
pools 1 8 inches or deeper by a fence 
approximately four feet high to pre 
vent chance access by children. The 
swimming pool shall be separate from 
the play area. Access to the water in 
above ground swimming pools must 
be prevented by locking and securing 
the ladder in place or storing the 
ladder in a place inaccessible to the 
children. 

complete a form which explains the 
operator's procedures in emergency 
situations. The form shall be supplied 
by the section, 
practice and maintain records of 
monthly fire drills giving the date 
each drill is held, the time of day, and 
the length of time taken to evacuate 
the home, 
make all necessary efforts to provide 
a safe indoor and outdoor environ- 
ment for the children in care. Ani- 
mals that are potentially dangerous to 
children, such as pit bulldogs and 
rottweilers or other animals deter- 
mined by the Section to be dangerous, 
are not permitted on the premises of a 
day care home. 
complete an injury report each time a 
child receives an injury, while in 
care, other than minor cuts, bruises 



and scrapes. This form shall include. 



at a minimum; child's name, date and 
time of injury, part of body injured. 



type of injury, location where injury 
occurred, equipment involved in 
injury (if any), names of adult wit- 
nesses to injury, description of how 



1542 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



injury occurred, steps taken to pre- 
vent reoccurrence, and treatment 
received. This form shall be signed 
by the operator and the parent and 
maintained in the child's file. If the 
injury requires medical treatment 
while the child is at the day care, or 
because of injuries sustained while at 
the day care, a copy shall be mailed 
to the Division within 24 hours after 
the injury occurs, or the next working 
day. 

(IT) mail an injury report to the Division 
any time a child receives medical 
treatment as a result of an incident 
occurring at the day care home within 
24 hours of the treatment, or the next 
working day. This could include, for 
example, if the child receives an 
incorrect dosage of medicine, or pets 
food poisoning from food eaten at the 
home. 

(V) complete an injury log any time an 
injury report is completed. This log 
shall be cumulative and maintained in 
a separate file and shall be available 
for review by a representative of the 
Division. This log shall be completed 
on a form supplied by the Division. 

(W) complete a monthly check for hazards 
on the outdoor play area. The form 
shall be maintained in the day care 
home for review by the representative 
of the Division. The form shall be 
supplied by the Division- 
ensure that all openings on equip- 
ment, steps and guardrails that are 
accessible to children are smaller than 
3 1/2" or larger than 9", and have 
angles greater than 55° to prevent 
entrapment, or shall conform to cur- 
rent US Consumer Product Safety 
Commission (USCPSC) standards for 
playground safety, including subse- 
quent amendments. A copy of the 
USCPSC's Handbook for Public 
Playground Safety can be obtained, at 
no charge, by writing USCPSC, 
Office of Information and Public 
Affairs, Washington, DC, 20207. 
Equipment ordered or installed prior 
to January J^ 1996 shall conform to 
USCPSC guidelines by January 1_, 
2000. All equipment installed after 
January 1^ 1996 shall conform to 



(X) ensure that 



m 



USCPSC guidelines. 

(4) To assure the safety of children when- 
ever they are transported, the operator, 
or any other transportation provider, 
shall: 

(A) have written permission from a parent 
or guardian to transport his or her 
child and notify the parent when and 
where the child is to be transported. 

(B) comply with all applicable state and 
federal laws and regulations concern- 
ing the transportation of passengers. 
All children regardless of age or 
location in the vehicle shall be re- 
strained by individual seat belts or 
child restraint devices. 

(C) have a valid driver's license issued by 
the Division of Motor Vehicles, not 
including a limited permit. 

(D) assure that each child is seated in a 
manufacturer's designated area. 

(E) never leave children in a vehicle 
unattended by an adult. 

(F) have emergency and identification 
information about each child in the 
vehicle whenever children are being 
transported. 

(5) To assure a sanitary environment, the 
operator shall: 

(A) collect and submit samples of water 
from each well used for the children's 
water supply for bacteriological analy- 
sis to the local health department or a 
laboratory certified to analyze drink- 
ing water for public water supplies by 
the North Carolina Division of Labo- 
ratory Services prior to registration 
and before each renewal. Results of 
the analysis shall be on file in the 
home. 

(B) have sanitary toilet, diaper changing 
and handwashing facilities. 

(C) place soiled diapers in a covered, 
leak-proof container which is emptied 
and cleaned daily. 

(D) wash his or her hands before handling 
food and feeding the children. 

(E) wash his or her hands before, as well 
as after, diapering each child. 

(F) use acceptable sanitary procedures 
when preparing and serving food. 

(G) refrigerate all perishable food and 
beverages. The refrigerator shall be 
in good repair and maintain a temper- 
ature of 45 degrees Fahrenheit or 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1543 



PROPOSED RULES 



below. A refrigerator thermometer is 
required to monitor the temperature. 
(H) label all bottles for each individual 
child, except when there is only one 
bottle-fed child in care. 
(I) serve only pasteurized milk and milk 

products. 
(J) have a house that is free of rodents. 
(K) screen all windows and doors used for 

ventilation. 
(L) have all household pets vaccinated 
with up-to-date vaccinations as re- 
quired by North Carolina law and 
local ordinances. Rabies vaccinations 
are required for cats and dogs. 
(M) store garbage in waterproof containers 

with tight fitting covers. 
(N) provide individual linens for rest time 
for each child in care for more than 
four hours. The linens shall be 
changed weekly or whenever they 
become soiled or wet. 
(b) The operator shall assure that the structure 
in which the day care home is located complies 
with the following requirements: 

(1) Comply with Section 509.2 of the 
North Carolina Building Code or have 
written approval for use as a day care 
home by the local building inspector as 
follows: 

(A) Meet Volume I-B Uniform Residential 
Building Code or be a manufactured 
home bearing a third party inspection 
label certifying compliance with the 
Federal Manufactured Home Con- 
struction and Safety Standards or 
certifying compliance with construc- 
tion standards adopted and enforced 
by the State of North Carolina. 
Homes shall be installed in accor- 
dance with North Carolina Manufac- 
tured/Mobile Home Regulations pub- 
lished by the NC Department of 
Insurance. 

Exception: Single wide manufactured 
homes will be limited to a maximum of 
three preschool-aged children (not more 
than two may be two years of age or less) 
and two school-aged children. 

(B) All children shall be kept on the 
ground level with an exit at grade. 

(C) All homes shall be equipped with an 
electrically operated (with a battery 
backup) smoke detector, or one elec- 
trically operated and one battery 



operated smoke detector located next 
to each other. 

(D) All homes shall be provided with at 
least one five lb. 2-A:10-B:C type 
extinguisher readily accessible for 
every 2,500 square feet of floor area 

(E) Fuel burning space heaters, fireplaces 
and floor furnaces which are listed 
and approved for that installation and 
are provided with a protective screen 
attached securely to substantial sup 
ports will be allowed. However, 
unvented fuel burning heaters and 
portable electric space heaters of all 
types are prohibited. 

(2) Assure that all indoor areas used by 
children are adequately heated in cool 
weather and ventilated in warm weath 
er. 

(3) Cover or insulate hot pipes or radiators 
which are accessible to the children. 

Statutory Authority G.S. 110-88(3); 110-101 
143B-168.3. 

SECTION .2600 - REQUIREMENTS 
FOR LARGE DAY CARE HOMES 

.2603 LICENSING PROCESS 

(a) A representative of the section shall make 
one or more announced visits to the home to 
determine compliance with the requirements prior 
to issuance of the initial license. 

(b) Before the initial license is issued, the 
applicant must demonstrate compliance in the 
following manner: 

(1) The applicant shall submit a completed, 
signed application to the section. 

(2) The applicant shall make written infor 
mation available to verify compliance 
with the requirements for emergency 
care plans, discipline policy, daily 
schedules, injury reports, injury logs 
and a description of activities. 

(3) The applicant shall provide documenta- 
tion of his or her and any other staffs 
concurrence with the requirements for 
staff education and experience, health 
condition and, if requested, minimum 
age. 

(4) The applicant shall provide information 
which demonstrates how compliance 
will be achieved with the requirements 
for records of children's health condi 
tions, immunizations, and emergency 



1544 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



information, daily attendancCi monthly 
plav£round inspections and records of 
monthly fire drills. 

(5) The applicant shall have available or 
provide a description of the plans to 
obtain equipment and play materials in 
sufficient quantity to comply with the 
requirements for age-appropriate 
activities. 

(6) The applicant shall ensure that 
approved fire, building and sanitation 
reports are obtained and provided to the 
section. 

(c) A representative of the section shall measure 
floor space in the part of the home which is used 
for day care to assure compliance with the space 
requirements. 

(d) If the large home is found to be in 
compliance with the applicable requirements of 
G.S. 110 and this Section, a license shall be 
issued. 

(e) If the large home is not in compliance with 
the requirements, the section may issue a 
provisional or a temporary license or may deny the 
application. 

Statutory Authority G.S. 110-88; 110-92; 
143B-168.3. 

.2610 HEALTH AND EMERGENCY 
CARE REQUIREMENTS 

(a) The large home shall have on file medical 
statements and records of immunizations for each 
child in accordance with the provisions of G.S. 
110-91(1). 

(b) The home shall have the following 
information in written form for each child in care, 
including drop-in, part-time and part-day children. 
The information shall be on file from the first day 
the child attends and shall be easily accessible to 
caregiving staff. 

(1) The child's full name, date of birth, 
allergies, if any, any chronic illness the 
child may have, any medication the 
child may be taking; and any special 
fears or behavior characteristics that 
could affect the child's care. 

(2) The names of individuals to whom the 
child may be released. 

(3) Emergency medical care information to 
include the name, address and 
telephone number of the parent or other 
person to contact in an emergency; the 
name and telephone number of the 
child's physician; and name of 



preferred hospital. 
(4) A statement signed by the child's parent 
or guardian authorizing the home 
operator to obtain emergency medical 
attention for the child. 

(c) Each large home shall complete a form 
provided by the section which describes the 
procedures for obtaining emergency medical care 
for staff and children. The following information 
shall be included: 

(1) The name, address and telephone 
number of a physician, other health 
professional or local health agency 
which is available to provide medical 
consultation. 

(2) The name and telephone number of the 
local emergency medical service. 

(3) Designation of a means of 
transportation which is always available 
in the event of an emergency. 

(4) The name, address, and phone number 
of the person who has agreed to be 
available to provide emergency relief 
when the conditions stated in Rule 
.2607(c) exist. 

(d) Each large home shall have a working 
telephone on the premises which is always 
accessible to caregiving staff. Telephone numbers 
for the fire department, law enforcement office, 
emergency medical service, poison control center 
and emergency relief person, when required, shall 
be posted near the telephone. 

(e) Administration of medications shall be in 
accordance with the provisions of Rule .0803. 

(f) An injury report shall be completed each 
time a child sustains an injury other than minor 
cuts, bruises and scrapes. This injury report shall 
include, at a minimum: child's name, date and 
time of injury, part of body injured, type of injury, 
names of adult witnesses to injury, description of 
how and where injury occurred, piece of 
equipment involved £if any), treatment received 
and steps taken to prevent reoccurrence. This form 
shall be signed by the person completing it and by 
the parent, and maintained in the child's file. If 
medical treatment is required for an injury the 
child sustains while in day care, a copy of the 
injury report shall be mailed to the Division within 
24 hours after treatment, or the next w orking day. 

(g) Any time a child receives medical treatment 
as a result of an incident occurring while the child 
is in day care, the applicable parts of an injury 
report shall be completed and mailed to the 
Division within 24 hours of treatment, or the next 
working day. This could include, for example, if 



9:19 



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January 3, 1995 



1545 



PROPOSED RULES 



the child receives an incorrect dosage of medicine 
from a staff person, or gets food poisoning from 
food eaten at the facility. 

(h) An injury log shall be completed any time an 
injury report is completed. This log shall be 
cumulative and maintained in a separate file and 
shall be available for review by a representative of 
the Division. This log shall be completed on a 
form provided by the Division. 

Statutory Authority G.S. 110-91(1); 143B-168.3. 

.2611 PHYSICAL FACILITY AND 
SPACE REQUIREMENTS 

(a) Each large home shall comply with the 
North Carolina Building Code requirements for 
small group day care facilities caring for 6-15 
children pursuant to G.S. 110-91(4) and Rule 
. 1 303 of this Subchapter. 

(b) Each large home shall be inspected prior to 
the issuance of the initial license and at least 
annually thereafter by a local fire safety official for 
compliance with fire safety measures. 

(c) Each large home shall be inspected prior to 
issuance of the initial license and at least annually 
thereafter by a sanitarian for compliance with 
appropriate sanitation requirements as codified in 
Section .1200. 

(d) The home shall have at least two remotely 
located exits directly to the outside. 

(e) Firearms and other weapons on the premises 
shall be secured so that they are inaccessible to the 
children. 

(f) Each large home shall have at least 25 square 
feet of indoor space for each child for which the 
home is licensed. The indoor space shall be 
measured by a representative of the section and 
shall include only those areas of the home which 
are routinely made available to the children. The 
indoor space shall not include closets, bathrooms, 
storage areas, utility rooms, kitchens or space 
occupied by furniture or equipment that is not used 
by the children. The dining area of a kitchen may 
be counted if it is routinely used for children's 
activities in addition to eating. 

(g) Each large home shall have an outdoor play 
area which provides at least 75 square feet of play 
area for each child present. The play area shall be 
fenced or afford adequate protection by some other 
means as determined by the section shall provide 
a shaded area . 

(h) The outdoor play area shall be free of 
equipment, litter, animals and other objects which 
may be hazardous to children. 

(i) The requirements set forth in Rule .1403 for 



the use of swimming pools on or off the premises 
shall apply to large homes. 

(j) The requirements relating to hazardous items, 
materials and equipment as specified in Rule 
.0601jal, (b)^ £cl and .0602 of this Subchapter 
shall apply to large homes. 

(k) The requirements relating to safety as speci- 
fied in Rule .0604 of this Subchapter shall apply to 
large homes. 

Statutory Authority G.S. 110-86(3); 
110-91 (3), (4), (5), (6); 143B-168. 3. 

TITLE 13 - DEPARTMENT OF 
LABOR 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the NC Department of Labor - 
Division of Occupational Safety & Health intends 
to amend rules cited as 13 NCAC 07 A .0602 - 
.0605. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on February 9, 1995 at the OSHA Offices, 
319 Chapanoke Road, Suite 105, Raleigh, NC 
27603. 

MVeason for Proposed Action: To make clarifying 
and technical amendments to the rules for the 
Safety and Health Programs and Committees 
established pursuant to G. S. 95, Article 22. 

K^omment Procedures: Persons wanting to make 
an oral presentation at the public hearing should 
provide a written statement of the proposed testi- 
mony to the Division three (3) business days prior 
to the hearing. Written comments will be accepted 
until February 16, 1995. Direct all correspon- 
dence and questions to Jill F. Cramer, 
NCDOL/OSHA, 319 Chapanoke Rd. , Suite 105, 
Raleigh, NC 27603-3432. 

1 hese Rules do not require local or state funds 
expenditures, however, a fiscal note was 
submitted to the Fiscal Research Division on 
December 7, 1994, OSBM on December 7, 1994, 
N. C. League of Municipalities on December 7, 
1994, and N.C Association of County 



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9:19 



PROPOSED RULES 



Commissioners on December 7, 1994. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7A - GENERAL RULES 
AND OPERATIONAL PROCEDURES 

SECTION .0600 - SAFETY AND 
HEALTH PROGRAMS AND COMMITTEES 

.0602 DEFINITIONS 

(a) "Fixed location worksite" means any 
worksite to which an employee regularly reports 
for at least a consecutive three month period. 

(b) "Near-miss" means any accident or incident 
at a worksite that does not result in injury, but the 
potential for serious physical harm exists. 

(c) "FMSHA" means the Federal Mine Safety 
and Health Act of 1977 [Public Law 95-164]. 

(d) "MSHANC" means the Mine Safety and 
Health Act of North Carolina as contained in 
North Carolina General Statute 74-24.1 et seq. 

(e) "Mine Safety Laws" means MSHANC and 
FMSHA and the rules and standards adopted 
pursuant thereof. 

(f) "OSHANC" means the Occupational Safety 
and Health Act of North Carolina as contained in 
North Carolina General Statute 95-126 et seq. 

(g) "Regular location worksite" means a single 
region or geographic area where employees 
perform work for one employer. 

(h) "Mobile work crews" means a group of 
employees of one specific trade (i.e. carpenters, 
electricians, roofers) who report to various, non- 
fixed worksites within one geographic area. 

£i] "Multi-employer worksite" means any 
worksite at which more than one employer has 
employees reporting to work. 

{]} "Employee leasing company" means a 
company (or business entity) that assigns 
employees to work at a client company in an 
arrangement that employment responsibilities are 
shared by the employee leasing company and the 
client company, the employee assignment is 
intended to be on a continuing, long term basis, 
and the majority of the work force of the client 
company worksite consist of leased employees. 

(k) "Client company" means a person or 
business entity that contracts with an employee 
leasing company or temporary help service and is 
provided employees pursuant to that contract. 

£1} "Temporary Help Services" means an 
employment service that hires its own employees 
and assigns them to a client company to support or 
supplement the client company's work force m 



special work situations such as employee absences, 
temporary skill shortages, seasonal workloads, and 
special assignments and projects. 

(m) "Temporary Employee" means any 
individual hired to perform temporary help 
services at a client company. 

Statutory Authority G.S. 95-251. 

.0603 SAFETY AND HEALTH PROGRAMS 

(a) All Safety and Health programs established 
under G.S. 95-251 for both fixed locations and 
non-fixed locations shall meet or exceed the 
requirements of G.S. 95-251(b)(l)-(9). 

(b) The written program shall also include: 

(1) The manner in which managers, 
supervisors, and employees are 
responsible for implementing the 
program and how the continued 
participation of management will be 
established, measured, and maintained 
including specifically what the 
leadership role of the top employer 
official at the worksite shall be in 
regard to the program. 

(2) The manner in which the plan will be 
communicated to all affected employees 
so that they are informed of work- 
related hazards and controls. 

(3) The manner in which safe work 
practices and rules will be enforced. 

(4) The manner in which workplace 
accidents will be investigated and 
corrective action implemented. The 
employer shall keep a comprehensive 
record of accident investigations, 
findings, and corresponding corrective 
action taken. 

(5) The manner in which near-miss 
incidents will be investigated. Special 
emphasis will be placed on identifying 
all contributing factors to any near-miss 
incident. The employer shall keep a 
comprehensive record of each such 
incident and the findings relating to it, 
and shall keep a record of all 
corresponding corrective action taken. 

(6) The methods used to identify, analyze 
and control new or existing hazards, 
conditions and operations, and the 
manner in which changes will be 
incorporated into the safety program, 
safety committee checklist, and 
communicated to all affected 
employees. 



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1547 



PROPOSED RULES 



(7) Written compliance plans as required 
by either the Mine Safety laws or 
OSHA standards.^ whichever is 
applicable to the employer. Such 
written compliance plans should 
include, including, but not be limited 
to. Excavations, Hazard 
Communication, Occupational Noise 
Exposure, Control of Hazardous 
Energy Sources (Lockout/Tagout), 
Respiratory Protection, Process Safety 
Management of Highly Hazardous 
Chemicals, Bloodborne Pathogens, Life 
Safety Code, Cotton Dust, and 
Confined Spaces. 

(8) A written checklist of all potential 
hazards to be inspected during the 
quarterly inspections required pursuant 
to G.S. 95-252(c)(4Hd)d, if applicable, 
including, but not limited to, checking 
for properly marked doors (including 
exit doors and doors not leading to an 
exit); properly working fire 
extinguishers; unlisted hazardous 
substances, improperly located 
hazardous substances, or hazardous 
substances for which there is no MSDS; 
doorways or exit pathways that are 
cluttered; improperly grounded 
equipment and exposed live wiring and 
parts; and unguarded machinery. Each 
item on the aforementioned list and any 
other recognized potential hazard shall 
be checked during the quarterly 
inspections and a copy of the list shall 
be retained by the employer for not less 
than two years. All conditions or items 
deemed to be out of compliance shall 
be immediately abated, unless 
circumstances beyond the control of the 
employer requires a longer period of 
time. 

(9) The employer shall conduct an annual 
self-audit of all required safety and 
health programs. Written findings and 
a statement of remedial actions taken 
shall be retained for not less than two 
years. Companies with less than 1 1 
employees which are not required to 
have safety and health committees shall 
appoint a company safety officer to 
conduct the annual self-audit. 

(10) The purpose and operation of the Safety 
and Health Committee where such 
committee exists. 



(11) The methods used to communicate 

requirements of the program to other 
employers or subcontractors and their 
employees who may be present at the 
same site. 

Statutory Authority G.S. 95-251. 

.0604 SELECTION OF SAFETY 
COMMITTEES 

(a) An employer may elect to implement any 
one of the following selection processes as a means 
of meeting the requirements for selection of 
representatives to employee Safety and Health 
committees pursuant to G.S. 95-252(d). The 
employer shall retain written documentation 
outlining any utilized selection process. An 
employer whose employees are represented by a 
collective bargaining representative must utilize 
either subsection 8, 9, or 10 for committee 
selection purposes. Any non-management 

employees who choose not to participate in the 
collective bargaining process are still considered to 
be represented by the collective bargaining 
representative for purposes of this Rule for 
committee selection purposes. 

(1) The employer may devise and 
implement any means of employee 
selection so long as^ 

the employee representatives are 
selected^ "by and from among the 
employer's non-management 
employees" as specified in the statute, 
minimum numbers are met, and 
the intent of the statute is satisfied. 

(2) The employer may require that all non- 
management employees serve on a 
Safety and Health Committee. In the 
instance of a small employer, there may 
be one committee comprised of all non- 
management employees which serves 
the entire organization. In a larger 
organization, there may be several 
committees, each addressing one or 
more of the responsibilities of the safety 
committee as outlined in G.S. 95-252, 
with employees divided among the 
committees. 

(3) The employer may conduct an election 
at either a meeting or through the 
distribution of ballots. The election 
process shall provide for the nomination 
by non-management employees 
(including self-nominations) of non- 
management employees in the numbers 



(A) 



(B) 
(C) 



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9:19 



PROPOSED RULES 



specified by the employer, but shall not 
be less than one nor more than the 
number of non-management members 
specified by statute. The number of 
non-management employees specified 
by statute receiving the most 
nominations shall serve on the Safety 
and Health Committee. 

(4) The employer may conduct an 
employee meeting at which open 
nominations are held and secret ballot 
elections arc conducted to aelcct ballots 
are used to elect employee 
representatives. The meeting may be 
for all non-management employees or 
by working unit. 

(5) The employer may conduct an 
employee meeting at which non- 
management employees nominate one 
peer by listing that employee's name on 
a ballot. The ballots shall be tallied 
and the appropriate number of 
representatives, in the numbers required 
by statute, shall be determined by those 
employees named on the most ballots. 

(6) The employer may solicit nominations 
from all non-management employees 
for employee representatives to serve 
on the committee, then select 
representatives by lottery from among 
those nominated to obtain the statutorily 
appropriate number of employee 
representatives for the safety and health 
committee. 

(7) The employer may solicit volunteers 
and nominations from among the non- 
management employees for a pool of 
applicants to serve as employee 
representatives on the safety committee. 
(If no volunteers or nominations are 
received, the employer shall require 
that nominations be submitted from a 
cross section of employee work units 
within the establishment.) The 
members of the applicant pool shall 
select from among its ranks the initial 
employee representatives necessary to 
meet minimum numbers as specified in 
the statute. 

(8) Employees shall be selected to serve on 
a safety and health committee(s) in 
accordance with any contract that exists 
between a collective bargaining unit and 
the employer. Should the contract not 
otherwise specify selection of a safety 



and health committee, non-management 
members shall be selected in a manner 
approved by the certified collective 
bargaining agent. 
(9) Employers having more than one 
collective bargaining unit shall devise 
and implement a means of employee 
selection utilizing the provisions of the 
existing contracts or methods approved 
by the certified collective bargaining 
agents. Safety committee members shall 
be selected in proportionate numbers to 
the number of employees represented 
by the certified collective bargaining 
agents. 
(10) Employers having some non- 
management employees represented by 
a collective bargaining agent or agents 
and some not represented shall devise a 
means that utilizes language in the 
contract or methods approved by the 
certified collective bargaining agent(s) 
for selection of bargaining unit 
representatives, and one or more of the 
above means for selecting non- 
management employee members not 
represented by the bargaining agent(s). 
Safety committee members shall be 
selected in proportion to the number of 
employees represented by the certified 
collective bargaining agent(s) and the 
number of employees not represented. 

(b) However initial members of the committee 
are selected, replacement members may be chosen 
in accordance with one of the procedures in this 
Rule, or the committee may be self perpetuating 
continue with the same members, a s long a s th e 
employee — representatives — are — s elect e d — ^fey — and 
from — among — the — employer's — non management 
employees." 

(c) Non-management employee representatives 
shall serve a term of at least one year, and shall 
not be allowed to succeed themselves in the same 
position more than once. Terms may be 
staggered. However, employers with less than 25 
employees may allow non-management employee 
representatives to serve two successive terms. 

(d) It shall not be a violation of any part of the 
statute if an employer has a safety and health 
program utilizing some other form of employee 
involvement which has been in operation for more 
than one year prior to July 15, 1993, and which is 
submitted for approval and subsequently approved 
by the Commissioner or his authorized 
representative, for that program to be used to 



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1549 



PROPOSED RULES 



satisfy the requirements of Section .0600. 

Statutory Authority G. S. 95-252. 

.0605 SAFETY & HEALTH COMMITTEE 
REQUIREMENTS 

{a) Employers with employees — who do — net 

report to a fixed or regular location worksite, but 
meet the other requirements of G.S. 95 251 and, 
if applicable, G.S. 95 252, arc required to have a 
Safety and Health Committee. — An employer with 
mobile — work — crews — shall — have — at — least — one 



However, if 1 1 



committee for each type of crew. — However, 
or more employee s of such an employer also 
report to a fixed or regular location worksite, then 
that location must have a separate Safety and 
Health Committee. 

{b) Safety and Health Committees shall be 

established at multi employer construction 

worksite s if the single prime, general or managing 
contractor, any other contractor, or subcontractor 
at the worksite has an experience rate modifier of 

1 .5 or above. The single prime, — general or 

managing — contractor — s hall — be — responsible — fef 
establishing a Safety and Health Committee for 
that worksite including representatives from each 
of the subcontractors working at the site. — Fef 
construction sites where there is no identified 
s ingle prime, general or managing contractor, the 
contractor respon s ible for expediting con s truction 
progress shall be responsible for establishing the 
Safety and Health Committee. 

fe) — At multi employer fixed or regular non 
construction — worksites, — eaek — employ e r — with — a 
Safety and Health Committee must notify the other 
employers — pre s ent — at — that — worksite — ef- — the 
chairpcrson(s) of their committees and arrange for 
the exchange of information on hazards that affect 
other employers. 

(a) Multi-Site Employers: 

(1) Employers with 1 1 or more employees 
who do not report to a fixed or regular 
location worksite are required to have a 
Safety and Health Committee to repre- 
sent those employees. The employer 
must have a separate Safety and Health 
Committee for each mobile work crew 
consisting of H or more employees. 

(2) Employers with employees who report 
to a fixed or regular location worksite 
must have a separate safety and health 
committee for each location with 1 1 or 
more employees. 

(b) Multi-Employer Worksites: 

(1) At multi-employer fixed or regular non- 



construction worksites, each employer 
required to have a Safety and Health 
Committee pursuant to G.S. 95-252 
must notify the other employers present 
at that worksite of the chairpersons of 
their committee(s). Arrangements 



121 



Ol 



should be made for the exchange of 
information on hazards that affect other 
employees. 

A Safety & Health Committee shall be 
established at multi-employer construc- 
tion worksites if the single prime, 
general or managing contractor, or any 
other contractor or subcontractor at the 
worksite has an experience rate modifi- 
er of 1 .5 or above and where the em- 
ployees) with the experience modifica- 
tion rate of _L5 is under a contractual 
agreement to perform work at the site 
or with the single prime, general or 
managing contractors at multiple sites 
for at least 3 consecutive months. Em- 
ployers with successive 3 month con- 
tracts are not exempt. 
If the conditions of Subparagraph (b)(2) 
of this Rule are met and the entire 
worksite does not have 11 or more 



£41 



employees, inclusive of al] contractual 
employees, then no Safety and Health 
Committee is required. 
If the conditions in Subparagraph (b)(2) 
of this Rule are met and only one em- 
ployer with an experience rate modifier 
of L5 or above is present and that 
employer does not have 1 1 or more 
employees, then no Safety and Health 
Committee is required. 



Statutory Authority G. S. 95-252. 

TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, 

AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Coastal Management 
intends to adopt rule cited as 15 A NCAC 7H .0106 
and amend 7H .0306. 

1 he proposed effective date of this action is June 
1, 1995. 

1 he public hearing will be conducted at 4:00 



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January 3, 1995 



9:19 



PROPOSED RULES 



p.m. on January 26, 1995 at the Holiday Inn, 
Salter Path Road, Atlantic Beach, NC. 

Jxeason for Proposed Action: 

15A NCAC 7H .0106 - To clarify the meaning of 

terms and phrases within the context of Subchapter 

7H. 

15A NCAC 7H .0306 - To specify when permits 
can be issued for increasing the size of structures 
in the ocean hazard AEC that do not comply with 
current setback requirements. 

(comment Procedures: All persons interested in 
these matters are imited to attend the public 
hearing. The Coastal Resources Commission will 
receive mailed written comments postmarked no 
later than February 2, 1995. Any person desiring 
to present lengthy comments is requested to submit 
a written statement for inclusion in the record of 
proceedings at the public hearing. Additional 
information concerning the hearing or the propos- 
als may be obtained by contacting Rich Shaw, 
Division of Coastal Management, PO Box 27687, 
Raleigh, NC 27611-7687, (919) 733-2293. 

CHAPTER 7 - COASTAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELESTES 

FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0100 - INTRODUCTION 
AND GENERAL COMMENTS 

.0106 GENERAL DEFTNTTIONS 

The following definitions apply whenever these 
terms are used in this Subchapter: 

(1) "Riparian Access" is the right of a water- 
front property owner to have access to 
navigable waters adjoining his or her 
property subject to the limitations provid- 
ed by local, state and federal laws and 
regulations. 

(2) "Public Trust Rights" means those rights 
held in trust by the State for the use and 
benefit of the people of the State in com- 
mon. They are established by common 
law as interpreted by the courts of this 
State. They include, but are not limited 
to, the right to navigate, swim, hunt, 
fish, and enjoy all recreational activities 
in the watercourses of the State and the 
right to freely use and enjoy the State's 



ill 



14} 



15} 



ocean and estuarine beaches and public 
access to the beaches. 
"Water Dependent Development" is that 
development, the primary purpose of 
which requires direct access to, or loca- 
tion in. Public Trust Areas as defined in 
15A NCAC 7H .0207. 
"Normal High Water" is the ordinary 
extent of high tide based on site condi- 
tions such as presence and location of 
vegetation which has its distribution 
influenced by tidal action, and the loca- 
tion of the apparent high tide line. 
"Normal Water Level " is the level of 
water bodies with less than six inches of 
lunar tide during periods of little or no 
wind. It can be determined by the pres- 
ence of such physical and biological 
indicators as erosion escarpments, trash 
lines, water lines, marsh grasses and 
barnacles. 



161 



"Navigable" water bodies are sufficiently 
wide and deep to be passable by commer- 
cial or recreational watercraft. 



Statutory Authority G.S. 113A-102; 113A-107. 

SECTION .0300 - OCEAN 
HAZARD AREAS 

.0306 GENERAL USE STANDARDS 

FOR OCEAN HAZARD AREAS 

(a) In order to protect life and property, all 
development not otherwise specifically exempted 
or allowed by law or elsewhere in these Rules 
shall be located according to whichever of the 
following rules is applicable. 

(1) If neither a primary nor frontal dune 
exists in the AEC on or landward of the 
lot on which the development is pro- 
posed, the development shall be land- 
ward of the erosion setback line. The 
erosion setback line shall be set at a 
distance of 30 times the long-term 
annual erosion rate from the first line of 
stable natural vegetation or measure- 
ment line, where applicable. In areas 
where the rate is less than 2- two feet 
per year, the setback line shall be 60 
feet from the vegetation line or mea- 
surement line, where applicable. 

(2) If a primary dune exists in the AEC on 
or landward of the lot on which the 
development is proposed, the develop- 
ment shall be landward of the crest of 



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1551 



PROPOSED RULES 



the primary dune or the long-term 
erosion setback line, whichever is 
farthest from the first line of stable 
natural vegetation or measurement line, 
where applicable. For existing lots, 
however, where setting the development 
landward of the crest of the primary 
dune would preclude any practical use 
of the lot, development may be located 
seaward of the primary dune. In such 
cases, the development shall be located 
landward of the long-term erosion 
setback line and shall not be located on 
or in front of a frontal dune. The 
words "existing lots" in this Rule shall 
mean a lot or tract of land which, as of 
June 1, 1979, is specifically described 
in a recorded plat and which cannot be 
enlarged by combining the lot or tract 
of land with a contiguous lot(s) or 
tract(s) of land under the same owner- 
ship. 

(3) If no primary dune exists, but a frontal 
dune does exist in the AEC on or land- 
ward of the lot on which the develop- 
ment is proposed, the development shall 
be set landward of the frontal dune or 
landward of the long-term erosion 
setback line, whichever is farthest from 
the first line of stable natural vegetation 
or measurement line, where applicable. 

(4) Because large structures located imme- 
diately along the Atlantic Ocean present 
increased risk of loss of life and proper- 
ty, increased potential for eventual loss 
or damage to the public beach area and 
other important natural features along 
the oceanfront, increased potential for 
higher public costs for federal flood 
insurance, erosion control, storm pro- 
tection, disaster relief and provision of 
public services such as water and sew- 
er, and increased difficulty and expense 
of relocation in the event of future 
shoreline loss, a greater oceanfront 
setback is required for these structures 
than is the case with smaller structures. 
Therefore, in addition to meeting the 
criteria in this Rule for setback land- 
ward of the primary or frontal dune or 
both the primary and frontal dunes, for 
all multi-family residential structures 
(including motels, hotels, condomini- 
ums and moteliminiums) of more than 
5,000 square feet total floor area, and 



15] 



for any non-residential structure with a 
total area of more than 5,000 square 
feet, the erosion setback line shall be 
twice the erosion setback as established 
in .0306(a)(1) Subparagraph (a)(1) of 
this Rule, provided that in no case shall 
this distance be less than 120 feet. In 
areas where the rate is more than 3.5 
feet per year, this setback line shall be 
set at a distance of 30 times the 
long-term annual erosion rate plus 105 
feet. 

Structural additions or increases in the 
footprint or total floor area of a 
building or structure represent 



expansions to the principle structure 
and both must meet the setback 



requirements established in Paragraph 



(a) of this Ruje and Ruje .0309(a) of 
this Section. The enclosure of existing 



roof covered porches will be exempt 



from this requirement if the footprint is 
not expanded and modifications to 
existing foundations are not required 



New development landward of the 
applicable setback may be cosmetically. 



but not structurally, attached to an 
existing structure that does not conform 



with current setback requirements. 
(6) {^Established common-law and 
statutory public rights of access to and 
use of public trust lands and waters in 
ocean hazard areas shall not be 
eliminated or restricted. Development 
shall not encroach upon public 
accessways nor shall it limit the 
intended use of the accessways. 

(b) In order to avoid weakening the protective 
nature of ocean beaches and primary and frontal 
dunes, no development will be permitted that 
involves the significant removal or relocation of 
primary or frontal dune sand or vegetation 
thereon. Other dunes within the ocean hazard area 
shall not be disturbed unless the development of 
the property is otherwise impracticable, and any 
disturbance of any other dunes shall be allowed 
only to the extent allowed by Rule .0308(b) of this 
Section . 

(c) In order to avoid excessive public 
expenditures for maintaining public safety, 
construction or placement of growth-inducing 
public facilities to be supported by public funds 
will be permitted in the ocean hazard area only 
when such facilities: 

(1) clearly exhibit overriding factors of 



1552 



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January 3, 1995 



9:19 



PROPOSED RULES 



national or state interest and public 
benefit, 

(2) will not increase existing hazards or 
damage natural buffers, 

(3) will be reasonably safe from flood and 
erosion related damage, 

(4) will not promote growth and 
development in ocean hazard areas. 

Such facilities include, but are not limited to, 
sewers, waterlines, roads, and bridges. 

(d) Development shall not cause major or 
irreversible damage to valuable documented 
historic architectural or archaeological resources 
documented by the Division of Archives and 
History, the National Historical Registry, the local 
land-use plan, or other reliable sources. 

(e) Development shall be consistent with 
minimum lot size and set back requirements 
established by local regulations. 

(f) Mobile homes shall not be placed within the 
high hazard flood area unless they are within 
mobile home parks existing as of June 1, 1979. 

(g) Development shall be consistent with general 
management objective for ocean hazard areas set 
forth in Rule .0303 of this Section. 

(h) Development shall not create undue interfer- 
ence with legal access to, or use of, public re- 
sources nor shall such development increase the 
risk of damage to public trust areas. 

(i) Development proposals shall incorporate all 
reasonable means and methods to avoid or mini- 
mize adverse impacts of the project. These mea- 
sures shall be implemented at the applicant's 
expense and may include actions that will: 

(1) minimize or avoid adverse impacts by 
limiting the magnitude or degree of the 
action, 

(2) restore the affected environment, or 

(3) compensate for the adverse impacts by 
replacing or providing substitute re- 
sources. 

(j) Prior to the issuance of any permit for 
development in the ocean hazard AECs, there shall 
be a written acknowledgement from the applicant 
that the applicant is aware of the risks associated 
with development in this hazardous area and the 
limited suitability of this area for permanent 
structures. By granting permits, the Coastal 
Resources Commission does not guarantee the 
safety of the development and assumes no liability 
for future damage to the development. 

(k) All relocation of structures requires permit 
approval. Structures relocated with public funds 
shall comply with the applicable setback line as 
well as other applicable AEC rules. Structures 



including septic tanks and other essential accesso- 
ries relocated entirely with non-public funds shall 
be relocated the maximum feasible distance land- 
ward of the present location; septic tanks may not 
be located seaward of the primary structure. In 
these cases, all other applicable local and state 
rules shall be met. 

(1) Permits shall include the condition that any 
structure shall be relocated or dismantled when it 
becomes imminently threatened by changes in 
shoreline configuration. The structure(s) shall be 
relocated or dismantled within two years of the 
time when it becomes imminently threatened, and 
in any case upon its collapse or subsidence. 
However, if natural shoreline recovery or beach 
renourishment takes place within two years of the 
time the structure becomes imminently threatened, 
so that the structure is no longer imminently 
threatened, then it need not be relocated or dis- 
mantled at that time. This condition shall not 
affect the permit holder's right to seek authoriza- 
tion of temporary protective measures allowed 
under Rule .0308(a)(2) of this Section. 



Statutory Authority G.S. 
113A-1 13(b)(6); 113A-124. 



113A-107; 



iSotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule cited as 
15ANCAC 10D .0002. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearings will be conducted at 7:00 
p.m. on: 

January 23, 1995 

District 9 
Courthouse 
Sylva, NC 

January 24, 1995 

District 8 

Morganton Civic Center 

Auditorium 

Morganton, NC 

January 25, 1995 

District 7 



9:19 



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1553 



PROPOSED RULES 



Elkin High School 
Elkin, NC 

January 30, 1995 

District 4 

Courthouse 

Elizabethtown, NC 

January 31, 1995 

District 5 

Courthouse 

Graham, NC 

February 1, 1995 

District 6 

North Stanly High School 

Albemarle, NC 

February 6, 1995 

District 1 

Swain Auditorium 

Edenton, NC 

February 7, 1995 

District 2 

Courthouse 

New Bern, NC 

February 8, 1995 

District 3 

Courthouse 

Nashville, NC 



IXeason for Proposed Action: To improve quality 
of wildlife habitat on certain game lands by re- 
stricting dog training and access. 

(comment Procedures: Interested persons may 
present their views either orally or in writing at 
the hearing. In addition, the record of hearing 
will be open for receipt of written comments from 
January 3, 1995 through February 4, 1995. Such 
written comments must be delivered or mailed to 
the N. C. Wildlife Resources Commission, 512 N. 
Salisbury Street, Raleigh, NC. 27604-1188. 

CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 

SUBCHAPTER 10D - GAME LANDS 
REGULATIONS 

.0002 GENERAL REGULATIONS 



REGARDING USE 

(a) Trespass. Entry on game lands for purposes 
other than hunting, trapping or fishing shall be as 
authorized by the landowner and there shall be no 
removal of any plants or parts thereof, or other 
materials, without the written authorization of the 
landowner. Travel is restricted, except by autho- 
rized personnel, to direct access from SR 2074 to 
the established waterfowl viewing stands on 
Cowan's Ford Waterfowl Refuge. The Wildlife 
Resources Commission may designate areas on 
game lands as either an Archery Zone, Safety 
Zone or Restricted Zone. 

(1) Archery Zone. On portions of game 
lands posted as "Archery Zones" 
hunting is limited to bow and arrow 
hunting only. 

(2) Safety Zone. On portions of game 
lands posted as "Safety Zones" hunting 
is prohibited. No person shall hunt or 
discharge a firearm or bow and arrow 
within, into, or across a posted safety 
zone on any game land. 

(3) Restricted Zone. Portions of game 
lands posted as "Restricted Zones" are 
closed to all use by the general public, 
and entry upon such an area for any 
purpose is prohibited without first 
having obtained specific written 
approval of such entry or use from an 
authorized agent of the Wildlife 
Resources Commission. 

(4) Establishment of Archery and 
Restricted Zones. The Commission 
shall conduct a public input meeting in 
the area where the game land is located 
before establishing any archery or 
restricted zone. After the input meeting 
the public comments shall be presented 
to an official Commission meeting for 
final determination. 

(b) Littering. No person shall deposit any litter, 
trash, garbage, or other refuse at any place on any 
game land except in receptacles provided for 
disposal of such refuse at designated camping and 
target-shooting areas. No garbage dumps or 
sanitary landfills shall be established on any game 
land by any person, firm, corporation, county or 
municipality, except as permitted by the 
landowner. 

(c) Possession of Hunting Devices. It is 
unlawful to possess a firearm or bow and arrow on 
a game land at any time except during the open 
hunting seasons or hunting days for game birds or 
game animals, other than fox, thereon unless said 



1554 



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9:19 



PROPOSED RULES 



device is cased or not immediately available for 
use, provided that such devices may be possessed 
and used by persons participating in field trials on 
field trial areas and on target shooting areas 
designated by the landowner, and possessed in 
designated camping areas for defense of persons 
and property; and provided further that .22 caliber 
pistols with barrels not greater than seven and 
one-half inches in length and shooting only short, 
long, or long rifle ammunition may be carried as 
side arms on game lands at any time other than by 
hunters during the special bow and arrow and 
muzzle-loading firearms deer hunting seasons and 
by individuals training dogs during closed season 
without field trial authorization. This Rule shall 
not prevent possession or use of a bow and arrow 
as a licensed special fishing device in those waters 
where such use is authorized. During the closed 
firearms seasons on big game (deer, bear, boar, 
wild turkey), no person shall possess a shotgun 
shell containing larger than No. 4 shot or any rifle 
or pistol larger than a .22 caliber rimfire while on 
a game land, except that shotgun shells containing 
any size steel or non-toxic shot may be used while 
waterfowl hunting. No person shall hunt with or 
have in possession any shotgun shell containing 
lead or toxic shot while hunting on any posted 
waterfowl impoundment on any game land, or 
while hunting waterfowl on Butner-Falls of Neuse 
Game Land or New Hope Game Land, except 
shotgun shells containing lead buckshot may be 
used while deer hunting, 
(d) Game Lands License: 
(1) Hunting and Trapping 

(A) Requirement. Except as provided in 
Part (B) of this Subparagraph, any 
person entering upon any game land 
for the purpose of hunting, trapping, 
or participating in dog training or 
field trial activities must have in his 
possession a game lands license in 
addition to the appropriate hunting or 
trapping licenses. 

(B) Exceptions 

(i) A person under 16 years of age 
may hunt on game lands on the 
license of his parent or legal 
guardian. 

(ii) The resident and nonresident 
sportsman's licenses include game 
lands use privileges. 

(iii) Judges and nonresidents 
participating in field trials under 
the circumstances set forth in 
Subsection (e) of this Rule may 



do so without the game lands 

license. 

(iv) On the game lands listed in Rule 

.0003(d)(1) of this Subchapter the 

game lands license is required 

only for hunting doves; all other 

activities are subject to the control 

of the landowners. 

(2) Trout Fishing. Any person 16 years of 

age or over, including an individual 

fishing with natural bait in the county 

of his residence, entering a game land 

for the purpose of fishing in designated 

public mountain trout waters located 

thereon must have in his possession a 

game lands license in addition to the 

regular fishing license and special trout 

license. The game lands license is not 

required to fish in that part of Slick 

Rock Creek which coincides with the 

Tennessee State line, or when fishing 

from boat on Calderwood Lake. The 

resident and nonresident sportsman's 

licenses and short-term comprehensive 

fishing licenses include trout fishing 

privileges on game lands. 

(e) Field Trials and Training Dogs. A person 

serving as judge of a field trial which, pursuant to 

a written request from the sponsoring organization, 

has been officially authorized in writing and 

scheduled for occurrence on a game land by an 

authorized representative of the Wildlife Resources 

Commission, and any nonresident participating 

therein may do so without procuring a game lands 

license, provided such nonresident has in his 

possession a valid hunting license issued by the 

state of his residence. 

Any individual or organization sponsoring a field 
trial on the Sandhills Field Trial grounds or the 
Laurinburg Fox Trial facility shall file with the 
commission's agent an application to use the area 
and facility accompanied by a check for the facility 
use fee computed at the rate of fifty dollars 
($50.00) for each scheduled day of the trial. The 
total facility use fee will cover the period from 
12:00 noon of the day preceding the first 
scheduled day of the trial to 10:00 a.m. of the day 
following the last scheduled day of the trial. The 
facility use fee must be paid for all intermediate 
days on which for any reason trials are not run but 
the building or facilities are used or occupied. A 
fee of twenty-five dollars ($25.00) per day shall be 
charged to sporting, educational, or scouting 
groups for scheduled events utilizing the club 
house only. No person or group of persons or any 



9:19 



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January 3, 1995 



1555 



PROPOSED RULES 



other entity shall enter or use in any manner any 
of the physical facilities located on the Laurinburg 
Fox Trial or the Sandhills Field Trial grounds 
without first having obtained specific written 
approval of such entry or use from an authorized 
agent of the Wildlife Resources Commission, and 
no such entry or use of any such facility shall 
exceed the scope of or continue beyond the 
specific approval so obtained. 

The Sandhills Field Trial facilities shall be used 
only for field trials scheduled with the approval of 
the Wildlife Resources Commission. No more 
than 16 days of field trials may be scheduled for 
occurrence on the Sandhills facilities during any 
calendar month, and no more than four days may 
be scheduled during any calendar week; provided, 
that a field trial requiring more than four days may 
be scheduled during one week upon reduction of 
the maximum number of days allowable during 
some other week so that the monthly maximum of 
16 days is not exceeded. Before October 1 of each 
year, the North Carolina Field Trial Association or 
other organization desiring use of the Sandhills 
facilities between October 22 and November 18 
and between December 3 and March 31 must 
submit its proposed schedule of such use to the 
Wildlife Resources Commission for its 
consideration and approval. The use of the 
Sandhills Field Trial facilities at any time by 
individuals for training dogs is prohibited; 
elsewhere on the Sandhills Game Lands dogs may 
be trained only on Mondays. Wednesdays and 
Saturdays from October 1 through April 1 . 

Dogs may not be trained or permitted to run 
unleashed from April 1 through August 15 on any 
game land located west of 1-95, except when 
participating in field trials sanctioned by the 
Wildlife Resources Commission. Dogs may not be 
trained or permitted to run unleashed from October 
1 through the Sunday immediately preceding the 
opening of the bear season on any game land 
located west of 1-77 except when participating in 
field trails sanctioned by the Wildlife Resources 
Commission. 

(f) Trapping. Subject to the restrictions 
contained in 15A NCAC 10B .0110, .0302 and 
.0303, trapping of furbearing animals is permitted 
on game lands during the applicable open seasons, 
except that trapping is prohibited: 

(1) on the field trial course of the Sandhills 
Game Land; 

(2) on the Harmon Den and Sherwood bear 
sanctuaries in Haywood County; 

(3) in posted "safety zones" located on any 
game land; 



(4) by the use of multiple sets (with 
anchors less than 15 feet apart) or bait 
on the National Forest Lands bounded 
by the Blue Ridge Parkway on the 
south, US 276 on the north and east, 
and NC 215 on the west; 

(5) on that portion of the Butner-Falls of 
Neuse Game Lands marked as the 
Penny Bend Rabbit Research area; 

(6) on Cowan's Ford Waterfowl Refuge in 
Gaston, Lincoln and Mecklenburg 
Counties; 

(7) on the Hunting Creek Swamp 
Waterfowl Refuge. 

On those areas of state-owned land known 
collectively as the Roanoke River Wetlands and 
including the Broadneck, Company Swamp, 
Conine Island, Speller-Outlaw and Urquhart tracts, 
controlled trapping is allowed under a permit 
system. For information contact the Division of 
Wildlife Management of the Wildlife Resources 
Commission. 

(g) Use of Weapons. No person shall hunt or 
discharge a firearm or bow and arrow from a 
vehicle, or within 200 yards of any building or 
designated camping area, or within, into, or across 
a posted "safety zone" on any game land. No 
person shall hunt with or discharge a firearm 
within, into, or across a posted "restricted zone" 
on any game land. 

(h) Vehicular Traffic. No person shall drive a 
motorized vehicle on any game land except on 
those roads constructed and maintained for 
vehicular travel and those trails posted for 
vehicular travel, unless such person: 

(1) is a participant in scheduled bird dog 
field trials held on the Sandhills Game 
Land; or 

(2) holds a special vehicular access 
identification card and permit issued by 
the Commission based upon competent 
medical evidence submitted by the 
person verifying that a handicap exists 
that limits physical mobility to the 
extent that normal utilization of the 
game lands is not possible without 
vehicular assistance. Persons meeting 
this requirement may operate electric 
wheel chairs, all terrain vehicles, and 
other passenger vehicles on ungated or 
open-gated roads otherwise closed to 
vehicular traffic on game lands owned 
by the Wildlife Resources Commission 
and on game lands whose owners have 
agreed to such use. Those game lands 



1556 



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January 3, 1995 



9:19 



PROPOSED RULES 



where this special rule applies will be 
designated in the game land rules and 
map book. This special access rule for 
disabled sportsmen does not permit 
vehicular access on fields, openings, 
roads, paths, or trials planted to 
wildlife food or cover. One able- 
bodied companion, who is identified by 
a special card issued to each qualified 
disabled person, may accompany a 
disabled person to provide assistance, 
provided the companion is at all time in 
visual or verbal contact with the 
disabled person. The companion may 
participate in all lawful activities while 
assisting a disabled person, provided 
license requirements are met. Any 
vehicle used by a qualified disabled 
person for access to game lands under 
this provision must prominently display 
the vehicular access permit issued by 
the Wildlife Resources Commission in 
the passenger area of the vehicle, 
(i) Camping. No person shall camp on any 
game land except on an area designated by the 
landowner for camping. 

(j) Swimming. Swimming is prohibited in the 
lakes located on the Sandhills Game Land. 

(k) Disabled Sportsman Program. In order to 
qualify for special hunts for disabled sportsmen 
listed in 15A NCAC 10D .0003 an individual must 
have in their possession a Disabled Sportsman 
permit issued by the Commission. In order to 
qualify for the permit, the applicant must provide 
medical certification of one or more of the follow- 
ing disabilities: 

(1) amputation of one or more limbs; 

(2) paralysis of one or more limbs; 

(3) dysfunction of one or more limbs ren- 
dering the person unable to perform the 
task of grasping and lifting with the 
hands and arms or unable to walk 
without mechanical assistance, other 
than a cane; 

(4) disease or injury or defect confining the 
person to a wheelchair, walker, or 
crutches; or 

(5) legal deafness, meaning the inability to 
hear and/or understand oral communi- 
cations with or without assistance of 
amplification devices. 

Participants in the program, except those qualify- 
ing by deafness, may operate vehicles on ungated 
or open-gated roads normally closed to vehicular 
traffic on Game Lands owned by the Wildlife 



Resources Commission. Each program participant 
may be accompanied by one able-bodied compan- 
ion provided such companion has in his possession 
the companion permit issued with the Disabled 
Sportsman permit. 

(1) Release of Animals. It is unlawful to release 
pen-raised animals or birds, or wild animals or 
birds on game lands without prior written authori- 
zation. 

Statutory Authority G.S. 113-134; 113-264; 
113-270.3; 113-291.2; 113-291.5; 113-305; 
113-306. 

ISotice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for 
Health Services intends to amend rule cited as 15A 
NCAC 13A .0012. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build- 
ing, Ground-floor Hearing Room, 512 N. Salisbury 
Street, Raleigh, N.C. 

ixeason for Proposed Action: To incorporate by 
reference federal rules which were promulgated 
between June 30, 1994 and September 19, 1994, 
which are needed to remain in compliance with 
EPA authorization requirements. Amends ISA 
NCAC 13A . 0012 to include 40 CFR 268.38 Waste 
Specific Provisions and to include 40 CFR 268. 48 
Universal Treatment Standards (UTS). 

Lsomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by February 2, 1995. Persons 
who wish to speak at the hearing should contact 
Mr. Balentine at (919) 733-4168. Persons who 
call in advance of the hearing will be given 
priority on the speaker's list. Oral presentation 
lengths may be limited depending on the number of 
people that wish to speak at the public hearing. 
Only persons who have made comments at a public 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1557 



PROPOSED RULES 



hearing or who have submitted written comments 
will be allowed to speak at the Commission 
meeting. Comments made at the Commission 
meeting must either clarify previous comments or 
proposed changes from staff pursuant to comments 
made during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL 
INTERESTED AND POTENTIALLY 
AFFECTED PERSONS, GROUPS, BUSINESS, 
ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND 
OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE 
PUBLIC HEARING AND COMMENT 
PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE 
PROPOSED RULES. THE COMMISSION MAY 
MAKE CHANGES TO THE RULES AT THE 
COMMISSION MEETING IF THE CHANGES 
COMPLY WITH G.S. 150B-21.2(f). 

CHAPTER 13 - SOLID WASTE 
MANAGEMENT 

SUBCHAPTER 13A - HAZARDOUS 
WASTE MANAGEMENT 

.0012 LAND DISPOSAL 

RESTRICTIONS - PART 268 

(a) 40 CFR 268.1 through 268.14 (Subpart A), 
"General", are incorporated by reference including 
subsequent amendments and editions. 

(b) 40 CFR 268.30 through 268.37 268.38 
(Subpart C), "Prohibitions on Land Disposal", are 
incorporated by reference including subsequent 
amendments and editions. 

(c) 40 CFR 268.40 through 268. 4 6 268.48 
(Subpart D), "Treatment Standards", are 
incorporated by reference including subsequent 
amendments and editions. 

(d) 40 CFR 268.50 (Subpart E), "Prohibitions 
on Storage", is incorporated by reference including 
subsequent amendments and editions. 

(e) Appendices to 40 CFR Part 268 are 
incorporated by reference including subsequent 
amendments and editions. 

Statutory Authority G.S. 130A-294(c); 150B-21.6. 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 



Services intends to amend rules cited as 15a 
NCAC 16A .0104, .0107, and .0109. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build 
ing, Ground Floor Hearing Room, Raleigh, NC. 

ixeason for Proposed Action: The program 
currently lacks sufficient funds to meet the unmet 
primary health care needs of the state's migrant 
farmworker population. Each year the program is 
forced to close because of depleted funds. Limiting 
services to primary care and allowing a patient co 
payment will allow more eligible persons to be 
provided services over a longer period of time. 

(comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by February 2, 1995. Persons 
who wish to speak at the hearing should contact 
Mr. Balentine at (919) 733-4168. Persons who 
call in advance of the hearing will be given 
priority on the speaker's list. Oral presentation 
lengths may be limited depending on the number of 
people that wish to speak at the public hearing. 
Only persons who have made comments at a public 
hearing or who have submitted written comments 
will be allowed to speak at the Commission 
meeting. Comments made at the Commission 
meeting must either clarify previous comments or 
proposed changes from staff pursuant to comments 
made during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL 
INTERESTED AND POTENTIALLY 
AFFECTED PERSONS, GROUPS, BUSINESS, 
ASSOCIATIONS, INSTITUTIONS OR 
AGENCIES MAKE THEIR VIEWS AND 
OPINIONS KNOWN TO THE COMMISSION 
FOR HEALTH SERVICES THROUGH THE 
PUBLIC HEARING AND COMMENT 
PROCESS, WHETHER THEY SUPPORT OR 
OPPOSE ANY OR ALL PROVISIONS OF THE 
PROPOSED RULES. THE COMMISSION MAY 
MAKE CHANGES TO THE RULES AT THE 
COMMISSION MEETING IF THE CHANGES 



1558 



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9:19 



PROPOSED RULES 



COMPLY WITH G.S. 150B-21.2(f). 

CHAPTER 16 - ADULT HEALTH 

SUBCHAPTER 16A - CHRONIC 
DISEASE 

SECTION .0100 - MIGRANT 
HEALTH 

.0104 CO-PAYMENTS 

{a} A fee for services provided in the operation 
of a sponsored migrant health clinic shall be 
charged on the basis of a schedule of co-payments 
related to income. Copies of this schedule of co- 
payments may be inspected at or obtained from the 
Migrant Health program. No one will be denied 
service at a sponsored Migrant Health Clinic based 
solely on an inability or failure to pay. 

(b) The Migrant Health Fee-for-Service Program 
patient co-payment is in accordance with the rules 
contained in 15A NCAC 24 A. 



Authority G.S. 130A-223; Sec. 329, Public Health 
Services Act, 95 Stat. 569 (42 U.S.C. 259B); 42 
C.F.R. 56.302(f). 

.0107 ELIGIBLE PROVIDERS 

Primary — Care — Centers — funded — directly — from 
Section 329 or 330 of the United State s Public 
Health Service Act, Independent National Health 
Service Corps sites and local health departments 
are not eligible for fee for service reimbur s ement 
from — the — Migrant — Health — Program. — AH — other 
providers of care may participate in the reimburse 
ment program. 

Migrant and Community Health Centers funded 
directly from Section 329 or 330 of the United 
Public Health Service Act, Independent National 
Service Corps sites, local health departments and 
mental health centers are not eligible for fee-for- 
service reimbursement from the Migrant Health 
Program. All other providers licensed by the State 
of North Carolina to provide covered services may 
participate in the reimbursement program. 

Authority G.S. 130A-223; Sec. 329, 95 Stat. 569. 

.0109 COVERED SERVICES 

(a) — The Migrant Health Program shall provide 
reimbursement for the following service s provided 
to migrants that are necessary and es s ential for 
their immediate health needs: 

ft) ambulatory care s ervices in the form o fe 

{A) — physician services; and 



(B) — dentist — service s — fef — basic — fluoride 
applicants, occlusal sealants, routine 
dental cleaning, ti ss ue debridement, 
ab s ces s drainage, extractions, surgical 
extractions, amalgam and composite 
re s torations, but excluding endodon 
tics and cast crowns. 

(3) psychologist's and p s ychiatrist's profes 

sional fees, laboratory te s ts, diagnostic 
x rays, drugs and medication s ; 

(3-) hospital outpatient and emergency room 

s ervice s . 

(b) The Migrant Health Program shall not 

provide reimbursement for s ervices provided for 
custodial care. 

(a) Coverage under the Migrant Health Program 
includes the following services provided to eligible 
migrant farmworkers: 

(1) Ambulatory care services that are nec- 
essary and essential for immediate 
health needs in the form of: 
(A) primary care services; 

hospital outpatient and emergency 



m 

IE) 
IE) 

iG} 
Iffi 



room services; 



(21 



basic preventive, simple restorative, 

and simple surgical dental services; 

laboratory tests, diagnostic X-rays; 

drugs and medications; 

mental health services (Limited to two 

visits per patient per FY); 

ground ambulance transportation; and 

medical supplies. 
The following services will be reviewed 
on a case-by-case basis and must re- 
ceive approval from the Program Direc- 
tor before being considered for reim- 
bursement: 



(A) 
IB) 



home health services; 



and occupational 



physical therapy 
therapy; and 
(C) rental or purchase of durable medical 
equipment. 
(b) Services not covered by the Migrant Health 
Program include, but are not limited to, the fol- 
lowing: 

(1) inpatient care, custodial care, hospice 
care; 

(2) any elective procedure; 

(3) routine physical exams, routine vision 
or hearing exams; 

(4) eyeglasses or hearing aids; 

(5) speech therapy; and 

(6) chiropractic therapy. 

Statutory Authority G.S. 130A-223. 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1559 



PROPOSED RULES 



******** ********** 

Notice is hereby given in accordance with G.S. 
150B-2 1.2 that the EHNR - Commission for Health 
Senices intends to adopt rules cited as 15A NCAC 
18A .3201 - .3212. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build- 
ing, Ground Floor Hearing Room, 512 North 
Salisbury Street, Raleigh, NC. 

txeason for Proposed Action: To adopt rules 
governing the practice of tattooing in North Caro- 
lina. This action is required by an action of the 
1994 General Assembly (House Bill 603). 

Ksomment Procedures: Any person requiring 
information may contact Dr. J.N. MacCormack, 
General Communicable Disease Control Section, 
PO Box 27687, Raleigh, NC 27611-7687, (919) 
733-3419. Written comments may be submitted to 
the above address no later than February 3, 1995. 
Notice of an oral presentation must be given to the 
above address at least 3 days prior to the public 
hearing. 

tLditor's Note: These Rules were filed as tempo- 
rary adoptions effective January 1, 1995 for a 
period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

1 hese Rules affect the expenditures or revenues 
of local funds. A fiscal note was submitted to the 
Fiscal Research Division on December 12, 1994, 
OSBM on December 12, 1994, N.C. League of 
Municipalities on December 12, 1994, and N. C. 
Association of County Commissioners on Decem- 
ber 12, 1994. 

CHAPTER 18 - ENVIRONMENTAL 
HEALTH 

SUBCHAPTER 18 A - SANITATION 

SECTION .3200 - TATTOOING 



Qu 



il) 



141 



ill 



<6i 



ill 

m 



121 



.3201 DEFINITIONS 

The following definitions shall apply throughout 
this Section: 

(1) "Blood and Body Fluid Precautions" 
means a method of infection control in 
which all human blood and body fluids 
are treated as if known to be infectious 
for human immunodeficiency virus 
(HIV), hepatitis B virus (HBV). and 
other infections that can be transmitted 
by contact with blood. 
"Department" means the Department of 
Environment, Health, and Natural 
Resources. The term also means the 
authorized agent of the department. 
"Infectious Waste" means a solid waste 



capable of producing an infectious 

disease. 

"Sharps" means any objects that can 

penetrate the skin including, but not 

limited to, needles, razor blades. 



scalpels, and broken capillary tubes. 
"Sterilize" means the approved 
microbicidal treatment by a process 



which provides enough accumulative hea t 
or concentration of chemicals for a length 
of time sufficient to eliminate the 
microbial count, including pathogens. 
"Tattooing" means the inserting of 
permanent markings or coloration, or the 
producing of scars, upon or under human 
skin through puncturing by use of a 
needle or any other method. 
"Tattoo Artist" means any person who 
engages in tattooing. 

"Tattoo Establishment" means any room 
or location where tattooing is engaged in 
or where the business of tattooing is 
conducted or any part thereof. For 
purposes of this Section, "Tattoo Parlor" 
falls within this definition. 
"Tattooing Room" means a room in the 
tattoo establishment where tattooing is 
performed. 



Statutory Authority G.S. 130A-29. 

.3202 PERMITTING 

(a) Every person engaged in the practice of 
tattooing shall register with their local health 



department on or before January L, 1995, by 
providing their name, the address of the location at 
which they engage in tattooing, and their hours of 



operation. 
(b) No person shall engage in tattooing on or 



1560 



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January 3, 1995 



9:19 



PROPOSED RULES 



tfter June 1^ 1995, without first obtaining a 
attooing permit issued by the department. Persons 



permitted to engage in tattooing in counties with 



ocal rules shall obtain a tattooing permit from the 
department on or after June l± 1995. Nothing 



permitting tattoo artists prior to June J_, 1995, at 



which time all tattoo artists shall be permitted by 
he department. 

(c) No tattooing permit shall be issued to a 
person until an inspection by the department 



lerein shall preclude counties with local rules from 



verifies compliance with this Section. 



(d) Tattooing permits shall be issued in the name 
of the individual tattoo artist, shall list the address 
of the tattoo establishment where the artist will 
practice, and shall not be transferable to another 



person or place of practice. 



(e) Tattooing permits shall be valid for a period 
of not more than one year. 

(f) A valid tattooing permit shall be posted in 
the premises of the tattoo establishment in a 
conspicuous place where it may be easily observed 



by the public upon entering the establishment. 

(g) Application for a tattooing permit shall be 
submitted to the local health department. The 



application shall include at least the following 



information: 



ill 
12} 
{31 
14} 



Name of tattoo artist; 

Mailing address of tattoo artist; 

Name of tattoo establishment; 

Street address of tattoo establishment; 



and 
(5) Signature of tattoo artist. 

(h) Any additional information requested by the 
department to verify compliance with this Section 
shall be submitted with the permit application. An 
initial application for issuance of a tattooing permit 
shall be submitted no less than 30 days before 
anticipated commencement of tattooing by the 
artist within the jurisdiction of the local health 
department issuing the permit. Application for 
renewal of an existing tattooing permit shall be 
submitted to the local health department at least 30 
days prior to the expiration date of the existing 
permit. 

{i} Any permit application fee established by the 
local board of health shall be paid upon submission 
of the application. 

Statutory Authority G. S. 130A-29. 

.3203 WATER SUPPLY 

(a) The water supply serving a tattoo establish- 
ment shall be an a pproved potable water supp ly- 
Public water su pplies that meet the requirements of 



15A NCAC 18C shall be approved. 

(b) When a public water supp ly is not available 
and a private water supply is used, the water 
supply for a tattoo establishment shall be located, 
constructed, maintained, and operated in accor- 
dance with the Rules Governing the Protection of 
Private Water Supplies, 15A NCAC 18A .1700. 

Statutory Authority G.S. 130A-29. 

.3204 SEWAGE DISPOSAL 

All sewage and other liquid wastes from tattoo 
establishments shall be disposed of in a public 
sewer system or, in the absence of a public sewer 
system, by an approved, properly operating sani- 
tary sewage system. 

Statutory Authority G.S. 130A-29. 

.3205 SOLID WASTE DISPOSAL 

Solid waste disposal for tattoo establishments 
shall be in accordance with 15A NCAC 13B. 

Statutory Authority G.S. 130A-29. 

.3206 RECORDS, HEALTH 

REQUIREMENTS FOR PATRONS 

(a) Retrievable records for each patron shall be 
kept by the tattoo artist. The patron shall be 
required to record or verify their name, address, 
date of birth, and provide their signature. 

(b) Records shall be kept for a minimum of two 
years and shall be made available to the depart- 
ment on demand. 

(c) No person with visible jaundice (yellowing 
of the eyes or skin) shall be tattooed. 

(d) No tattooing shall be done on skin surface 
that has a rash, pimples, boils, infections, or 
manifests any evidence of being reddened or 
inflamed. 

Statutory Authority G.S. 130A-29. 

.3207 CONSTRUCTION 

(a) Each tattoo establishment shall have at least 
one tattooing room. The tattooing room shall be 
a separate room with floor to ceiling walls. The 
tattooing room shall have a door that separates it 
from the waiting room and all other rooms used 
for other than tattooing purposes. Patrons shall be 
tattooed only in the tattooing room. There shall be 
a separate work station for each patron within the 
tattooing room. Each work station shall be 
equipped with a handwash lavatory with a mixing 
faucet su pplied with hot and cold running water 



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1561 



PROPOSED RULES 



under pressure. Each lavatory shall be easily 
cleanable, in good repair, and kept free of storage. 
Furniture and furnishings within the tattooing room 
shall be constructed to be easily cleanable, main- 
tained in good repair, and kept clean. 

fb) When poisons, including germicidal 
solutions, are used for the maintenance of the 
tattooing premises, they shall be kept in containers 
specifically designed for their safe storage. 

(c) The floor of the tattooing room shall be of 
impervious material and shall be maintained in 
clean condition at all times. The walls and ceiling 
of the tattooing room shall be maintained clean and 
in good repair, without flaking or chipping, and 
shall be smooth and light colored and of such 
material as to permit thorough cleaning. 

Statutory Authority G.S. 130A-29. 

.3208 OPERATION AND MAINTENANCE 

(a) Antiseptic soap and a germicidal solution 
shall be available at each work station. Individual 
hand scrub brushes and fingernail files or orange 
sticks for each tattoo artist shall also be available 
at each work station. Before tattooing the first 
patron of the day, each tattoo artist shall scrub his 
hands and forearms with an antisept ic soap and 
warm water for five minutes using a clean 
individual hand brush and an individual file or 
orange stick for his fingernails; and he shall repeat 
this process for two to three minutes before 
tattooing each subsequent patron that day. An 
individual disposable towel shall be used for 
drying the tattoo artist's hands and arms after 
rinsing. Each tattoo artist shall wear clean 
disposable latex surgical gloves and a clean or 
disposable gown or coat or a clean or disposable 
lap cloth while engaged in tattooing. Gloves must 
be changed between patrons and disposed of after 
each use. There shall be no use of tobacco or 
other smoking materials and no eating of food or 
drinking of beverages in the tattooing room. 

(b) Tattooing instruments and other equipment 
shall be cared for as follows: 

(1) All clean and ready-to-use instruments, 
dyes, carbons, and stencils shall be kept 
in a closed case or storage cabinet 
while not in use. The storage cabinet 
shall be maintained in a sanitary man- 
ner at all times. Sterile instruments 
shall be kept in sterile packages or 
containers; 

(2) Only disposable needles shall be used in 
the tattooing process, and a new needle 
or set of needles shall be used on each 



131 



patron; 

Autoclaving or another method of heat 

sterilization approved by the department 



14] 



shall be used for sterilization of th 
needle bar tube and needle bar of th. 
tattoo machine before use on each 
patron. The needle bar tube of the 
tattooing machine shall be cleaned after 
each use and before being sterilized foi 
use with the next patron; 
The needles and instruments required to 



be sterile shall be handled with aseptic 
technique during the tattooing proce- 



dure so they are not contaminated 

before use; and 

(5) The proper functioning of the sterilizing 



device shall be tested once each month 



using an impregnated strip that indicates 



killing of bacteria endospores or anoth 



er procedure approved by the depart- 
ment. Results of this test shall b 
recorded for review annually by the 
department, 
(c) All sharps, including the needles aftei 



removal from the needle bar, shall be stored and 
disposed of in rigid, puncture and leak proof 
containers. 

(d) Blood and body fluid precautions shall be 
practiced by the tattoo artist when the potential for 



contact with blood and body fluids exists in any 
procedure. 

Statutory Authority G.S. 130A-29. 

.3209 TATTOOING PROCEDURES 

(a) New disposable razors shall be used for each 



patron when it is necessary to shave the area to be 
tattooed. 

(b) The site of the tattoo shall be cleaned with 
soap and hot water for two minutes, rinsed with 



clean water, and a germicidal solution shall be 
applied in a circular, centrifugal manner before the 



design is placed on the skin. If the area to be 
tattooed is shaved, this cleaning shall be performed 



after shaving the area. Any other sterile, individu- 



al towels or gauze that are used in preparing the 
site to be tattooed shall be properly disposed of 
after use on each patron. 
(c) Only sterile antimicrobial ointments shall be 



used on the area to be tattooed and they shall be 



applied with clean gauze. 

(d) The use of styptic pencils, alum blocks, or 
other solid styptics to control bleeding is prohibit 



ed unless a separate, disposable styptic is used for 
each patron. 



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9:19 



PROPOSED RULES 



(e) If a stencil is used, only clean disposable 
tencils for transferring the design to the skin shall 



>e 



used, and no stencil may be used on more than 



me patron. 

(f) Single-service individual containers of dye or 
nk shall be used for each patron and the container 



hall be discarded immediately after completing 
work on a patron. Any dye or ink in which the 
leedles were di pped shall be treated likewise so as 



iot to be used on another person. 
(g) After completing the tattoo, the tattooed area 
shall be washed with clean gauze pads saturated 
with an approved antiseptic or germicidal soap 
solution and the gauze shall be discarded as infec- 
tious waste. The tattooed area shall be allowed to 



dry and an antibacterial ointment can be a pplied 
with an individual sterile gauze p ad which shall be 



discarded as infectious waste, or the area can be 



left dry. The area shall then be covered with a 
sterile gauze dressing. 



Statutory Authority G.S. 130A-29. 

3210 INSECT, RODENT AND VECTOR 
CONTROL 

The premises shall be kept clean and free of 
vermin at all times. There shall be no fly or 
mosquito breeding places or rodent harborage on 
the premises. Reptiles, birds, or other domesticat- 
ed house pets shall not be allowed in the tattooing 
room. Litter under the control of the tattoo artist 



or operator shall not be permitted to accumulate on 
the premises. 

Statutory Authority G.S. 130A-29. 

3211 PROCEDURE WHEN INFECTION 
SUSPECTED 

All infections resulting from the practice of 
tattooing which become known to the tattoo artist 
shall be reported to the local health de partment by 
the tattoo artist. 

Statutory Authority G.S. 130A-29. 

.3212 PERMIT REVOCATION 

The Department may suspend or revoke permits 
in accordance with G.S. 130A-23. 

Statutory Authority G.S. 130A-23; 130A-29. 



***************** 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Commission for Health 
Services intends to amend rule cited as 15A NCAC 
19A .0102. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build- 
ing, Ground Floor Hearing Room, 512 N. Salis- 
bury Street, Raleigh, NC. 

IXeason for Proposed Action: The Commission 
for Health Services met on November 4, 1994, and 
by order of the Wake County Superior Court, 
reconsidered its denial of a Petition for Rule- 
making. Notice of the meeting was published in 
Volume 9, Issue 14 of the North Carolina Register, 
dated October 14, 1994, at page 1112. The 
Petitioners and other members of the public were 
present at the meeting and were allowed to com- 
ment on the Petition. 

The Petition had requested that the Commission 
amend ISA NCAC 19A .0102. At its November 4 
meeting the Commission affirmed its earlier denial 
of the Petition but accepted another resolution 
recommending amendment of the rule. The Com- 
mission then passed the temporary rule. 

Ksomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by February 2, 1995. Persons 
who wish to speak at the hearing should contact 
Mr. Balentine at (919) 733-4168. Persons who 
call in advance of the hearing will be given priori- 
ty on the speaker 's list. Oral presentation lengths 
may be limited depending on the number of people 
that wish to speak at the public hearing. Only 
persons who have made comments at a public 
hearing or who have submitted written comments 
will be allowed to speak at the Commission meet- 
ing. Comments made at the Commission meeting 
must either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 



9:19 



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1563 



PROPOSED RULES 



ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESS, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE 
THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 
SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

tLditor's Note: This Rule was filed as a tempo- 
rary amendment effective December 16, 1994, for 
a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

CHAPTER 19 - HEALTH: 
EPIDEMIOLOGY 

SUBCHAPTER 19A - COMMUNICABLE 
DISEASE CONTROL 

SECTION .0100 - REPORTING OF 
COMMUNICABLE DISEASES 

.0102 METHOD OF REPORITNG 

(a) When a report of a disease or condition is 
required to be made pursuant to G.S. 130A-135 
through 139 and 15A NCAC 19A .0101, the 
report shall be made to the local health director as 
follows: 

(1) For diseases and conditions required to 
be reported within 24 hours, the initial 
report shall be made by telephone, and 
the report required by Subparagraph (2) 
of this Rule shall be made within seven 
days. 

(2) In addition to the requirements of Sub- 
paragraph (1) of this Rule, the report 
shall be made on the communicable 
disease report card provided by the 
Division of Epidemiology and shall 
include the name and address of the 
patient, the name and address of any 
minor's parent or guardian, and all 
other pertinent epidemiologic informa- 
tion. 

(3) Until September 1, 4994 1996 , reports 
of cases of confirmed HIV infection 
identified by anonymous tests that are 
conducted at HIV testing sites designat- 



ed by the State Health Director pursu- 
ant to 15A NCAC 19A .0202(10) shall 
be made on forms provided by the 
Department for that purpose. No com- 
municable disease report card shall be 
required. Effective September 1 , +994 
1996 , anonymous testing shall be dis- 
continued and all cases of confirmed 
HIV infection shall be reported in 
accordance with 15A NCAC 19A 
.0102(a)(1) and (2). 

(4) In addition to the requirements of 
Subparagraphs ( 1 ) and (2) of this Rule, 
forms provided by the Division of 
Epidemiology for collection of 
information necessary for disease 
control and documentation of clinical 
and epidemiologic information about 
the cases shall be completed and 
submitted for the reportable diseases 
and conditions identified in 15A NCAC 
19A .0101(1), (6), (18), (19), (20), 
(21), (22), (23), (24), (25), (26), (27), 
(29), (30), (31), (33), (34), (35), (38), 
(39). (42), (43), (44), (45), (49), (50), 
(51), (52), (53), (54), (55), and (57). 

(5) Communicable disease report cards and 
surveillance forms are available from 
the Surveillance Unit, N.C. Division of 
Epidemiology, P.O. Box 27687, 
Raleigh, N.C. 27611, and from local 
health departments. 

(b) Notwithstanding the time frames established 
in 15A NCAC 19A .0101 a restaurant or other 
food or drink establishment is required to report 
all outbreaks or suspected outbreaks of foodborne 
illness in its customers or employees and all 
suspected cases of foodborne disease or foodborne 
condition in food-handlers at the establishment by 
telephone to the local health department within 24 
hours in accordance with Subparagraph (a)(1) of 
this Rule. However, the establishment is not 
required to submit a report card or surveillance 
form pursuant to Subparagraphs (a)(2) and (a)(4) 
of this Rule. 

(c) For the purposes of reporting by restaurants 
and other food or drink establishments pursuant to 
G.S. 130A-138, the diseases and conditions to be 
reported shall be those listed in 15A NCAC 19A 
.0101 (5), (7), (10), (13), (15), (20), (47), (48), 
(52), (55), and (56). 

(d) Laboratories required to report test results 
pursuant to G.S. 130A-139 and 15A NCAC 19A 
.0101(c) shall report as follows: 

(1) The results of the specified tests for 



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January 3, 1995 



9:19 



PROPOSED RULES 



(2) 



syphilis and gonorrhea shall be reported 
to the local health department by the 
first and fifteenth of each month. 
Reports of the results of the specified 
tests for gonorrhea and syphilis shall 
include the specimen collection date, 
the patient's age, race, and sex, and the 
submitting physician's name, address, 
and telephone numbers. 
Positive darlcfield examinations for 
syphilis and STS titers of 1:16 and 
above shall be reported within 24 hours 
by telephone to the fflV/STD Control 
Branch at (919) 733-7301, or the 
fflV/STD Control Branch Regional 
Office where the laboratory is located. 
Positive tuberculosis test results shall be 
reported to the Tuberculosis Control 
Branch on a form provided by the 
Department within seven days. 
Positive cultures for E. coli 0157:H7 
shall be reported within 24 hours of 
isolation to the Communicable Disease 
Control Section. 



Statutory Authority G.S. 130A-134; 130A-135; 
130A-138; 130A-139; 130A-141. 



(3) 



(4) 



* * * * 






Notice is hereby given in accordance with G.S. 
150B-21 .2 that the EHNR - Commission for Health 
Services intends to amend rule cited as 15A NCAC 
24A .0202. 

1 he proposed effective date of this action is April 
1, 1995. 



the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by February 2, 1995. Persons 
who wish to speak at the hearing should contact 
Mr. Balentine at (919) 733-4168. Persons who 
call in advance of the hearing will be given priori- 
ty on the speaker 's list. Oral presentation lengths 
may be limited depending on the number of people 
that wish to speak at the public hearing. Only 
persons who have made comments at a public 
hearing or who have submitted written comments 
will be allowed to speak at the Commission meet- 
ing. Comments made at the Commission meeting 
must either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 
ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESS, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE 
THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 
SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 

CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT 
PROGRAMS 



Ihe public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build- 
ing, Ground Floor Hearing Room, 512 N. Salis- 
bury Street, Raleigh, NC. 

Reason for Proposed Action: The HIV 
Mediations Program has sufficient funds to expand 
its income eligibility scale in order to provide for 
more low income patients who are not covered by 
Medicaid or insurance. 

Ksomment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 



SECTION .0200 - ELIGIBILITY 
DETERMINATIONS 

.0202 DETERMINATION OF 

FINANCIAL ELIGIBILITY 

(a) A patient must meet the financial eligibility 
requirements of this Subchapter to be eligible for 
benefits provided by the payment programs. 
Financial eligibility shall be determined through 
application of income scales. The definition of 
annual net income in Rule .0203 of this Subchapter 
and the definitions of family in Rule .0204 of this 
Subchapter shall be used in applying the income 
scales. 

(b) A person shall be financially eligible for 
inpatient services under the Sickle Cell Program, 



9:19 



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1565 



PROPOSED RULES 



and for inpatient services under Children's Special 
Health Services if the person is age 8-20 if the net 
family income is at or below the following scale: 
Family Size 1: $4,200; Family Size 2: $5,300; 
Family Size 3: $6,400; Family Size 4: $7,500; 
Family Size 5 and over: add $500 per family 
member. 

(c) A person shall be financially eligible for the 
Cancer Program, for outpatient services under the 
Sickle Cell Program, for outpatient services under 
Children's Special Health Services, and for inpa- 
tient services under Children's Special Health 
Services if the person is age 0-7, if the net family 
income is at or below the federal poverty level in 
effect on July 1 of each fiscal year. 

(d) A person shall be financially eligible for the 
HIV Medications Program if the net family income 
is at or below 85 1 10 percent of the federal pover- 
ty level in effect on April July 1 of each fiscal 
year. 

(e) A person shall be financially eligible for the 
Kidney Program if the net family income is at or 
below the following scale: Family Size 1 
$6,400; Family Size 2: $8,000; Family Size 3 
$9,600; Family Size 4: $11,000; Family Size 5 
$12,000; Family Size 6 and over: add $800 per 
family member. 

(f) The financial eligibility requirements of this 
Subchapter shall not apply to: 

(1) Migrant Health Program; 

(2) Children's Special Health Services 
when the requirements of 15A NCAC 
21F .0800 are met; 

(3) School Health Program financial 
eligibility determinations performed by 
a local health department which has 
chosen to use the financial eligibility 
standards of the Department of Public 
Instruction's free lunch program; 

(4) Prenatal outpatient services sponsored 
through local health department 
delivery funds, 15A NCAC 21C .0200; 
or through Perinatal Program high risk 
maternity clinic reimbursement funds, 
15A NCAC 21C .0300; 

(5) Diagnostic assessments for infants up to 
12 months of age with sickle cell 
syndrome. 

(g) Except as provided in Paragraph (h) of this 
Rule, once an individual is determined financially 
eligible for payment program benefits, the individ- 
ual shall remain financially eligible for a period of 
one year after the date of application for financial 
eligibility unless there is a change in the 
individual's family size pursuant to Rule .0204 of 



this Subchapter or his family's financial resources 
or expenses during that period. If there is a 
change, financial eligibility for payment program 
benefits must be redetermined. Financial 

eligibility must be redetermined at least once a 
year. 

fh) For purposes of the Kidney Program and 
HIV Medications Program, once an individual is 
determined to be financially eligible, if the 
application for financial eligibility was received by 
the Department in the fourth quarter of the fiscal 
year, the individual shall remain financially 
eligible for benefits until the end of the next fiscal 
year unless there is a change in the individual's 
family size pursuant to Rule .0204 of this 
Subchapter or his family's financial resources or 
expenses during that period. 

(i) If the most current financial eligibility form 
on file with the Department shows that the patient 
was financially eligible on the date an 
Authorization Request for payment for drugs was 
received, the Authorization Request may be 
approved so long as the Authorization Request is 
received less than 30 days prior to the expiration 
of financial eligibility and the authorized service 
does not extend more than 30 days after the 
expiration of financial eligibility. 

Statutory Authority G.S. 130A-4.2; 130A-5(3); 
130A-124; 130A-127; 130A-129; 130A-205. 

iSotice is hereby given in accordance with G.S. 
150B-21.2that the EHNR - Commission for Health 
Services intends to amend rules cited as 15A 
NCAC 24A . 0403 and . 0405. 

1 he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on January 26, 1995 at the Archdale Build- 
ing, Ground Floor Hearing Room, 512 N. Salis- 
bury Street, Raleigh, NC. 

Reason for Proposed Action: 
15A NCAC 24A .0403 - Currently the Migrant 
Health Program lacks sufficient funds to meet the 
health care needs of the state's migrant farm- 
worker population. Each year the program is 
forced to close because of insufficient funds. 
Limiting reimbursement to a maximum of $150.00 



1566 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



PROPOSED RULES 



per claim will allow the program to remain open 
approximately six weeks longer and serve more 
patients during the budget year. Establishing a 
patient copayment will make the migrant patient 
responsible for participating in the cost of his 
care. 

15A NCAC 24 A .0405 - Currently an amendment 
to 15 A NCAC 24 A . 0403 is being proposed to limit 
Migrant Health Program reimbursement to a 
maximum payment of $150. 00 per claim and to 
establish a patient copayment. This amendment is 
being proposed to create an exception to the 
requirement that if a provider has accepted partial 
or total payment from the Department for particu- 
lar services, the Department 's reimbursement rate 
for those services shall be considered payment in 
full. This will allow the provider to collect the 
copayment. 

Comment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. Written comments may be presented at 
the public hearing or submitted to Grady L. 
Balentine, Department of Justice, PO Box 629, 
Raleigh, NC 27602-0629. All written comments 
must be received by February 2, 1995. Persons 
who wish to speak at the hearing should contact 
Mr. Balentine at (919) 733-4168. Persons who 
call in advance of the hearing will be given priori- 
ty on the speaker 's list. Oral presentation lengths 
may be limited depending on the number of people 
that wish to speak at the public hearing. Only 
persons who have made comments at a public 
hearing or who have submitted written comments 
will be allowed to speak at the Commission meet- 
ing. Comments made at the Commission meeting 
must either clarify previous comments or proposed 
changes from staff pursuant to comments made 
during the public hearing process. 

IT IS VERY IMPORTANT THAT ALL INTER- 
ESTED AND POTENTIALLY AFFECTED 
PERSONS, GROUPS, BUSINESS, ASSOCIA- 
TIONS, INSTITUTIONS OR AGENCIES MAKE 
THEIR VIEWS AND OPINIONS KNOWN TO 
THE COMMISSION FOR HEALTH SERVICES 
THROUGH THE PUBLIC HEARING AND 
COMMENT PROCESS, WHETHER THEY 
SUPPORT OR OPPOSE ANY OR ALL PROVI- 
SIONS OF THE PROPOSED RULES. THE 
COMMISSION MAY MAKE CHANGES TO 
THE RULES AT THE COMMISSION MEET- 
ING IF THE CHANGES COMPLY WITH G.S. 
150B-21.2(f). 



CHAPTER 24 - GENERAL PROCEDURES 
FOR PUBLIC HEALTH PROGRAMS 

SUBCHAPTER 24A - PAYMENT 
PROGRAMS 

SECTION .0400 - REIMBURSEMENT 

.0403 REIMBURSEMENT FOR 

PROFESSIONAL, OUTPATIENT, 
OTHER SERVICES 

(a) The Department shall reimburse providers of 
authorized outpatient services, professional servic- 
es, and all other services not otherwise covered in 
the rules of this Section at the Medicaid rate in 
effect at the time the claim is received by the 
Department, except in the Migrant Health Pro- 
gram. 

(b) The Department shall reimburse providers of 
authorized outpatient hospital services under the 
Migrant Health — Program at 8 percent of th e 
Medicaid rate in effect at the time the claim i s 
received by the Department. The Migrant Health 
Program shall reimburse providers of authorized 
outpatient, professional, and other services the 
Medicaid rate in effect at the time the claim is 
received minus the allowable patient copayment to 
a maximum program payment of one hundred fifty 
dollars ($150.00) per claim, per date of service. 
The allowable patient copayment is three dollars 
($3.00) for each prescribed drug and five dollars 
($5.00) per claim, per date of service for all other 
services. The one hundred fifty dollar ($150.00) 
limit shall not apply to drugs, medical supplies, 
and durable medical equipment. 

Statutory Authority G.S. 130A-5(3); 130A-124; 
130A-127; 130A-129; 130A-177; 130A-205; 130A- 
223. 

,0405 BILLING THE PATIENT 
PROHIBITED 

If a provider has accepted partial or total pay- 
ment from the Department for particular services, 
the Department's reimbursement rate for those 
services shall be considered payment in full for 
those authorized services for all payment programs 
except the Maternal and Child Health Program 
Delivery Fund and^ the School Health Fund^ and 
the Migrant Health Program. A provider who has 
accepted partial or total payment from the Depart- 
ment under the Maternal and Child Health Deliv- 
ery Fund or the School Health Fund shall not bill 
the patient or his family for any amount greater 
than the amount by which the Medicaid rate 



9:19 



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1567 



PROPOSED RULES 



exceeds the Department's payment for the particu- 
lar services. A provider who has accepted pay- 
ment from the Department under the Migrant 
Health Program may bill the patient for co- 
payments defined in the rules of this Section. 

Statutory Authority G.S. 130A-5(3); 130A-124; 
130A-127; 130A-129; 130A-177; 130A-205. 

TITLE 16 - DEPARTMENT OF 
PUBLIC EDUCATION 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Board of Education 
intends to amend rules cited as 16 NCAC 6A 
.0002, 6E .0202; repeal 6A .0003 and adopt 6D 
.0401 - .0402. Rule 16 NCAC 2E .0202 also has 
amendments shown in italic print. These amend- 
ments were proposed in the Register (9:6 NCR 
375) and were approved by Rules Review Commis- 
sion on December 15, 1994 to be effective on July 
1, 1995. 

1 he proposed effective date of this action is: 
16 NCAC 6A .0002 - .0003, 6D .0401 - .0402 - 
July 1, 1995. 
16 NCAC 6E .0202 - May 1, 1995. 

1 he public hearings will be conducted at: 

9:00 a.m. 

16 NCAC 6A .0002 

9:30 a.m. 

16 NCAC 6A .0003 



10:00 a.m. 

16 NCAC 6D .0401 



.0402 



11:00 a.m. 

16 NCAC 6E .0202 

on February 3, 1995 at the Education Building, 
301 N. Wilmington Street, Room 224, Raleigh, 
NC, 27601-2825. 

tveason for Proposed Action: 

16 NCAC 6A .0002 - Change is needed to conform 

rule more nearly with the direction of the statute, 

as recommended by Attorney General. 

16 NCAC 6A .0003 - Repeal is needed following 

opinion of Attorney General that agency lacks 



authority to implement the rule. 

16 NCAC 6D .0401 - .0402 - Rules define support 

programs required under Basic Education Program 

and provide definition and delivery process for 

special health care services. 

16 NCAC 6E .0202 - Amendments are needed to 

conform physical requirement with current medical 

practices and to provide a means for acting on 

waiver requests for eligibility requirements. 

Ksomment Procedures: Any interested person may 
present comments in writing before or at the 
hearing or orally at the hearing. 

Editor's Note: Rule 16 NCAC 6E .0202 was 
filed as a temporary rule effective December 27, 
1994 for a period of 180 days or until the perma- 
nent rule becomes effective, whichever is sooner. 
Codifier of Rules objected to the Findings oj 
Need for the Temporary Rule on December 9, 
1994. 

CHAPTER 6 - ELEMENTARY AND 
SECONDARY EDUCATION 

SUBCHAPTER 6A - ORGANIZATION 
PLAN 

.0002 SUSPENSION OF A PORTION 
OF THE SCHOOL TERM 

(a) The SBE will consider requests from LEAs 
to suspend a portion of the school term for one or 
more schools due to s e v e re hazardous weather 
conditions^ natural disaster, or other emergency 



only when the following conditions have been met 



(1) 



the request must be by resolution of the 
LEA, documenting that every effort has 
been made to insure the opportunity for 
180 days of instruction for all students 
in compliance with G.S. 115C-84(c) , 



C) 



specifying the efforts which have been 
made to enable the students to make up 
lost work and setting forth the adjust 
ments, if any, which have been made in 
bus routes and bus driver assignments 
to assist in keeping schools open and 
operating to the maximum degree con 
sistent with policy; 

the LEA must demonstrate that 15 days 
lost due to hazardous weather condi 
tions^ natural disaster, or other emer 



gency have been made up within the 
framework of the 10-month school 
calendar before any suspension of the 



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9:19 



PROPOSED RULES 



school term occurs; 
(3) the requested suspension will provide 
no less than 175 days of instruction or 
the request for suspension must be 
accompanied by a request for an appro- 
priate number of days of school opera- 
tion beyond the 10-month term to be 
funded from the Public School Fund to 
assure that no less than 175 days of 
instruction are available to every stu- 
dent in the administrative unit, 
(b) The SBE will, within funds available to it, 
dlocate additional funds to insure that every child 
las the opportunity to attend school for no less 
ban 175 days. 

(1) LEAS must request these funds in 
accordance with the procedures of 
Paragraph (a) of this Rule. 

(2) Funds provided for this purpose are for 
additional days of school operation 
beyond the 10 months of employment 
contained in the basic school calendar. 
In no event may additional days of 
employment extend beyond the end of 
the fiscal year. 

(3) Additional days of employment for all 
school employees resulting from funds 
allocated under this Rule are a separate 
contract period and are not a part of the 
regular contract period. 

Authority G. S. 1 15C-36; 1 15C-47(1 1); 1 I5C-84(c); 
N.C. Constitution, Article IX, Sec. 5. 

.0003 EMERGENCY CLOSING 

OF INDIVIDUAL SCHOOLS 



If an individual school within 



on individual school wittiin an administrative 
unit is closed on account of emergency conditions 
that might be threatening to the health, safety, and 
welfare of students and s taff, the LEA may pcti 
tion the SBE to suspend the day or days from the 
180 day school term without los s of credit to 
students or pay to staff, regardles s of the statu s of 
school closings and make up days for the adminis 
tmtivc unit as a whole. 



Authority G.S. U5C-84(c); N.C. Constitution, 
Article IX, Sec. 5. 

SUBCHAPTER 6D - INSTRUCTION 

SECTION .0400 - BEP SUPPORT 
SERVICES 

.0401 REQUIRED SUPPORT PROGRAMS 



Each LEA must provide its students support 
services in the following areas: 

(1) Pre-school physical and developmental 
screening; 

(2) School counseling services; 

(3) School social work services; 

(4) School psychological services; and 

(5) Health services. 

Statutory Authority 115C-12(9)c; I15C-8I. 

.0402 SPECIAL HEALTH CARE SERVICES 

(a) Each LEA shall make available a registered 
nurse for assessment, care planning, and on-going 
evaluation of students with special health care 
service needs in the school setting. Special health 
care services include procedures that are invasive, 
carry reasonable risk of harm ]f not performed 
correctly, may not have a predictable outcome, or 
may require additional action based on results of 
testing or monitoring. 

(b) Care planning includes but is not limited to: 

(1) identification of appropriate person(s) to 
perform the procedure; 

(2) teaching those persons to perform the 
procedure; and 

(3) identification of a mechanism for regis- 
tered nurses or other persons qualified 
by state law to plan and implement such 
health to provide ongoing supervision 
to ensure the procedure is performed 
appropriately and monitoring the 
student's response to care provided in 
the school setting. 

(c) To assure that these services are provided, 
LEAs have the flexibility to hire registered nurses, 
to contract with individual registered nurses, to 
contract for nursing services through local health 
departments, home care organizations, hospitals 
and other providers, or to negotiate coverage for 
planning and implementing these services with the 
licensed physician, nurse practitioner, or physician 
assistant prescribing the health care procedure. 

(d) LEAs shall implement this Rule in 
compliance with the provisions of G.S. 1 15C- 
307(c). 

Statutory Authority 115C-12(9)c; 1I5C-81; 115C- 
307(c). 

SUBCHAPTER 6E - STUDENTS 

SECTION .0200 - SCHOOL 
ATHLETICS AND SPORTS MEDICINE 



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1569 



PROPOSED RULES 



.0202 INTERSCHOLASTIC ATHLETICS 

(a) Only students in grades 7-12 may participate 
in interscholastic athletic competition. In order to 
qualify for public school participation, a student 
must meet the following requirements: 

(1) The student must meet the residence 
criteria of G.S. 115C-366(a). The 
student may participate only at the 
school to which the student is assigned 
by the LEA or^ if over the age 
requirements, the school to which the 
student would be assigned at the next 
higher grade level . 

(2) The student must meet age requirements 
at each grade level to participate. The 
principal must have evidence of the 
legal birth date of the student. The age 
limits for students as of October 16 of 
each year ar e : A student who is 
ineligible to participate at one grade 
level due to age is eligible to 
participate at the next higher grade 
level only. However, no student may 
participate at_ the high school level for 
a period lasting more than eight 
consecutive semesters, beginning with 
the student's first entry into grade nine 
or participation on a high school team, 
whichever occurs first. 

(A) no older than age 18 for high school 
A student is eligible to participate in 
high school athletic contests during a 
school year if the student does not 
reach the 19th birthday on or before 
October 16 of that school year. 

(B) no older than age 16 for ninth grade 
or junior high; and A student shall 
not participate on a ninth grade 
junior high school team if the student 
becomes 16 years of age on or before 
October 16 of that school year. 

(C) no older than age 15 for seventh or 
eighth — grade A student shall not 
participate on a seventh or eighth 
grade team if the student becomes 15 
years of age on or before October 16 
of that school year . 

(3) In grades 9-12, the student must pass at 
least five courses each semester and 
meet promotion standards established 
by the LEA. In grades 7 and 8, the 
student must meet state and local 
promotion standards and maintain 
passing grades each semester. 
Regardless of the school organization 



pattern, a student who is promoted 
from the eighth grade to the ninth grade 
automatically meets the courses passed 
requirement for the first semester of the 
ninth grade. 
(4) The student must receive a medical 
examination by — a — licensed — medical 



doctor each year (365 days) by a duly 
licensed physician, nurse practitioner, 



or physician assistant, subject to the 
provisions of OS, 90-9, 90-18.1, and 
90-18.2 

(5) The student may not participate after 
any of the following: 

(A) graduation; 

(B) becoming eligible to graduate; 

(C) signing a professional athletic 
contract; 

(D) receiving remuneration as 
participant in an athletic contest; or 

(E) participating on an all-star team or in 
an all-star game that is not sanctioned 
by the association of which the 
student's school is a member. The 
student is ineligible only for the 
specific sport involved. 



A high school student may participate 
only — during — the — eight — consecutive 



semesters beginning with the student's 
first entry into grade nine. 

(b) Each principal of a school which participates 
in interscholastic athletics must certify a list of 
eligible students for each sport. 

(c) Any student-athlete, coach or school official 
in grades 7-12 who is ejected from any athletic 
contest shall be penalized as follows: 

(1) for the first offense, the person shall be 
reprimanded and suspended for the next 
game at that level of play (varsity or 
junior varsity) and for any intervening 
games at either level; 

(2) for a second offense, the person shall 
be placed on probation and suspended 
for the next two games at that level of 
play (varsity or junior varsity) and for 
any intervening games at either level; 

(3) for a third offense, the person shall be 
suspended for one calendar year; 

(4) a coach who is suspended at any level 
of grades 7-12 (middle school, junior 
high or high school) may not coach in 
any other grade level in grades 7-12 
during the period of suspension; 

(5) penalties are cumulative from sport to 
sport and from sport season to sport 



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9:19 



PROPOSED RULES 



season. If no member of the school's 

coaching staff is present to assume an 

ejected coach's duties, the contest shall 

be terminated by a forfeit. 

(d) LEAs may allow their schools to belong to 

: statewide athletic association as long as the 

a sociation establishes at the North Carolina High 



School Athletic Association (NCHSAA), which has 



stablished as a minimum the rules adopted by the 



>BE. The NCHSAA may waive any eligibility 
equirement contained in this Rule, except the age 
equirement, if it finds that the rule fails to 
iccomplish its purpose or it works an undue 
lardship when applied to a particular student. The 



NCHSAA may enforce penalties for the violation 



if this Rule at the high school level. 

(e) The LEA which has jurisdiction over the 
chool may impose additional penalties. LEAs or 
;onferences may adopt and impose penalties at the 
niddle and junior high school levels. 

(#) — The North Carolina High School Athletic 



\s3oeintion (NCHSAA) may enforce penalties for 
ho violation of this Rule at the high school level. 



Statutory Authority G.S. 115C-47(4). 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

CHAPTER 54 - BOARD OF 
PRACTICING PSYCHOLOGISTS 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Psychology 
Board intends to adopt rules cited as 21 NCAC 54 
.2704- .2706. 

1 he proposed effective date of this action is May 
1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on February 16, 1995 at the Howard Johnson 
Plaza Hotel, 1-40 at Guilford-Jamestown Road, 
Greensboro, NC. 

MXeason for Proposed Action: Per statutory 
requirement, set requirements for health services 
provider certification for those individuals applying 
after June 30, 1994. 

Lsomment Procedures: Comments may be submit- 
ted in writing or in person at the public hearing or 



in writing prior to February 17, 1995 to Martha 
Storie, Executive Director, N. C. Psychology 
Board, 895 State Farm Road, Suite 102, Boone, 
NC 28607. 

rLditor's Note: These Rules were filed as tempo- 
rary adoptions effective December 19, 1994, for 
a period of 180 days or until the permanent rule 
becomes effective, whichever is sooner. 

SECTION .2700 - HEALTH 

SERVICES PROVIDERS 

CERTIFICATION 

.2704 HSP-P REQUIREMENTS ON AND 
AFTER JUNE 30, 1994 

(a) A licensed psychologist holding permanent 
North Carolina licensure must be qualified by 
education and supervised experience to be certified 
as a health services provider psychologist (HSP-P). 
The applicant must provide documentation that 
verifies meeting the criteria specified in either 
Subparagraph (a)( 1 ) or in Subparagraphs (a)(2) and 
(a)(3) of this Rule. 

(1) The applicant must be qualified for, or 
be listed in, the National Register of 
Health Service Providers in Psycholo- 
gy. Register requirements may be 
obtained by writing to The National 
Register of Health Service Providers in 
Psychology, 1120 G Street NW, Suite 
330, Washington, DC 20005, or by 
telephoning (202) 783-7663. 

(2) The applicant must have received a 
doctoral degree from an American 
Psychological Association accredited 
program in Clinical Psychology, Coun- 
seling Psychology, School Psychology, 
or Combined Professional-Scientific 
Psychology which included an Ameri- 
can Psychologic al Association accredit- 
ed internship in a health services set- 
ting. The doctoral program must be 
one which was fully accredited by the 
American Psychological Association at 
the time of the applicant's graduation 
from the program . 

(3) The applicant must have at least two 
years of supervised experience in a 
health services setting. Completion of 
an American Psychological Association 
approved internship in a health services 
setting will count toward meeting one 
year of this requirement. The postdoc- 



9:19 



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1571 



PROPOSED RULES 



toral year must consist of a minimum of 
1500 hours of supervised experience 
completed within a consecutive 
four-year period. This experience must 
occur after all requirements of the 
doctoral program are completed. The 
following criteria must be met: 

(A) The supervision must be for the direct 
provision of health services in 
psychology by the applicant to 
individuals or groups of 
clients/patients. 

(B) At least one hour per week of formal, 
face-to-face, individual supervision 
must have been provided. 

(C) The supervisor must have been an 
appropriately licensed/certified 
psychologist, whose license/certificate 
was in good standing, in the state 
where the practice occurred. 

(D) The supervisor, at the time of 
supervision, must not have been in a 
dual relationship with the supervisee, 
e.g., spouse, other close relative, 
close personal friend, or therapist. 

(b) Applicants must submit the following 
documentation which attests to compliance with the 
require rnent.s specified m Paragraph (a) of this 
Rule: 

(1) for all applicants, a completed, 
notarized application form provided by 
the Board and payment of the fifty 
dollars ($50.00) fee: 

(2) for applicants applying under 
Subparagraph (a)(1) of this Rule, and 
who have already been approved for 
listing, or are listed in the National 
Register of Health Service Providers in 
Psychology, a letter from the Register 
which verifies such; 
for applicants not yet licensed ]n North 
Carolina at the permanent Licensed 
Psychologist level applying under 
Subparagraph (a)(1) of this Rule, and 
who have not yet been approved for 
listing in the National Register of 
Health Service Providers i_n 
Psychology, an affidavit verifying that 
he/she qualifies for listing in the 
Register. Upon receipt of this affidavit, 
the Board may issue an HSP-P 



13} 



certificate in conjunction with the 
license, conditioned upon receipt of a 
letter from the Register within 60 days 
of licensure at the permanent Licensed 



Psychologist level, which confirms 



141 



approval for, or listing in, the Register; 



for applicants already licensed in North 
Carolina at the permanent Licensed 
Psychologist level applying under 
Subparagraph (a)(1) of this Rule, and 
who have not yet been approved for 
listing in the National Register of 
Health Service Providers in 
Psychology, an affidavit verifying that 
he/she qualifies for listing in the 
Register. Upon receipt of this affidavit, 
the Board may issue an HSP-P 



151 



certificate, conditioned upon receipt of 
a letter from the Register within 60 
days of the date of application for 
HSP-P certification, which confirms 
approval for, or listing in, the Register; 
for applicants applying under 



Subparagraphs (a)(2) and (a)(3) of this 

Rule: 

(A) a letter from the applicant's doctoral 



program head which verifies that the 
applicant received a doctoral degree 
from an American Psychologica l 
Association accredited program in 
Clinical Psychology, Counseling 
Psychology, School Psychology, or 
Combined Professional-Scientific 



mi 



Psychology: 
a letter from the applicant's internship 
site trainin g director which verifies 
that the applicant successfully 



completed an American Psychological 



Association accredited internship in a 
health services setting; and 
proof of the required postdoctoral 
supervised experience specified in 
Subparagraph (a)(3) of this Rule, 
applicant for HSP-P certification who 
provides false or fraudulent information to the 
Board with respect to his/her application, or who 
fails to provide the notification from the National 



IQ 



icl Am 



Register of Health Service Providers in Psychology 
where required, shall be subject to disciplinary 
action by the Board, including revocation of the 
HSP-P certificate. 

Statutory Authority G.S. 90-270.9; 
90-270. 15(a)(3); 90-270. 15(a)(22); 90-270.20(b) 



.2705 

(al 
psychologist must provide documentation which 



HSP-PP REQUIREMENTS 

A North Carolina provisional licensed 



verifies that he/she is qualified by education to be 



1572 



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9:19 



PROPOSED RULES 



certified as a health services provider psychologist 
(provisional) (HSP-PP). The applicant must hold 
a doctoral degree from an American Psychological 
Association accredited program in Clinical 
Psychology, Counseling Psychology, School 
Psychology, or Combined Professional-Scientific 
Psychology which included an American 



Psychological Association approved internship m 
a health services setting. The doctoral program 
must be one which was fully accredited by the 
American Psychological Association at the time of 
the applicant's graduation from the program. 

(b) All applicants must submit the following 
documentation which attests to compliance with the 



requirements specified in Paragraph (a) of this 

Rule: 

a completed, notarized application form 
provided by the Board and payment of 
the fifty dollars ($50.00) fee; 
a letter from the applicant's doctoral 
program head which verifies that the 
applicant received a doctoral degree 
from an American Psychological 
Association accredited program in 
Clinical Psychology, Counseling 



ill 



£2} 



School Psychology, or 
Professional -Scientific 



Psychology, 
Combined 
Psychology; and 
(3) a letter from the applicant's internship 
site training director, which verifies 
that the applicant successfully 
completed an American Psychological 
Association accredited internship in a 
health services setting. 

Statutory Authority G.S. 90-270.9; 90-270. 20(d). 

.2706 HSP-PA REQUIREMENTS ON AND 
AFTER JUNE 30, 1994 

A North Carolina licensed psychological 
associate must provide documentation which 
verifies that he/she is qualified by education to be 
certified as a health services provider 
psychological associate (HSP-PA). The applicant 
must hold a master's, specialist, or doctoral degree 
in clinical psychology, counseling psychology, 
school psychology, rehabilitation psychology, 
neuropsychology, health psychology, or applied 
developmental psychology. Psychological 

Associates who receive their degrees during or 
after 1996 must document that their degree 
program included an internship, externship, or 
practicum at a site providing health services which 
meets all the following criteria: 

(1) The internship, externship. or practicum 



must have been in a planned and directed 
program of training in health services, in 
contrast to on-the-job training, and must 
have provided the trainee with a planned 
and directed sequence of training 
integrated with the educational program 
in which the individual was enrolled. 

(2) The internship, externship, or practicum 
site must have had a clearly designated 
and appropriately licensed psychologist 
who was responsible for the integrity and 
quality of the training program. 

(3) Typically, the internship, externship, or 
practicum must have been comprised of 
the equivalent of at least one semester's 
training and must have been a minimum 
of \2 weeks and 200 hours of supervised 
training. 

(4) The internship, externship. or practicum 
must have had a written program descrip- 
tion detailing its functioning and must 
have been approved by the applicant's 
training program prior to its occurrence. 

(5) The internship, externship, or practicum 
must have provided a minimum of one 
hour per week of individual face-to-face, 
regularly scheduled supervision with the 
specific intent of overseeing the health 
services rendered by the trainee. 

(6) At least 50% of the training must have 
been spent in the provision of direct 
health services to patients or clients 
seeking assessment of treatment, and 
must have been comprised of a range of 
assessment and treatment interventions. 

(7) Supervision may have been provided in 
part by psychiatrists, social workers, or 
other mental health professionals quali- 
fied by the training site, but at least 50% 
of supervision must have been provided 
by an appropriately licensed and/ or certi- 
fied psychologist. 

(8) Persons enrolled in the internship, 
externship or practicum must have been 
designated as "interns, "extents ", or 
"practicum students" or hold other 
designation which clearly indicated 
training status. 

Statutory Authority G.S. 90-270.9; 90-270. 20(c). 



9:19 



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1573 



PROPOSED RULES 



TITLE 25 - OFFICE OF 
STATE PERSONNEL 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the State Personnel Commission 
intends to amend rule cited as 25 NCAC 01E 
.0902. 

L he proposed effective date of this action is April 
1, 1995. 

1 he public hearing will be conducted at 9:00 
a.m. on February 9, 1995 at the State Personnel 
Development Center, 101 West Peace Street, 
Raleigh, North Carolina. 

Jxeason for Proposed Action: This Rule is pro- 
posed to be amended in order to facilitate 
employees' observances of religious holidays. 

Lsommcnt Procedures: Interested persons may 
present statements either orally or in writing at the 
Public Hearing or in writing prior to the hearing 
by mail, addressed to: Patsy Smith Morgan, 
Office of State Personnel, 116 West Jones Street, 
Raleigh, North Carolina 27603. 

CHAPTER 1 - OFFICE OF 
STATE PERSONNEL 

SUBCHAPTER IE - EMPLOYEE 
BENEFITS 

SECTION .0900 - HOLIDAYS 

.0902 RELIGIOUS OBSERVANCES 

All of th e holidays list e d in 25 NCAC IE .0901 
ar e l e gal holiday s establish e d by th e Stat e Legisla 
tur e or days obs e rved as holidays by state employ 
ees as e stablished by the State Personn e l Commis 
s ion. Employees may wish to b e away from work 
on c e rtain days for r e ligious observances. — It is a 
policy — of th e — state — that — ag e ncy — administrators 
arrang e th e work sch e dul e so that an employee 
may tak e vacation leave wh e n requ e st e d because 
that day is a major religious obs e rvance for that 



e mploye 



No such r e qu e st for vacation leave 



should b e deni e d unl e ss it would cr e ate an e m e r 
g e ncy condition which cannot b e pr e v e nted in any 
oth e r manner. The agency shall make efforts to 
accommodate an employee's request to be away 
from work for certain religious holiday observanc- 



es; however, nothing shall obligate the agency to 
make accommodation if. in accommodating the 
request, it would result in undue hardship on the 
agency or its employees. 

Statutory Authority G.S. 126-4. 



1574 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



RRC OBJECTIONS 



lhe Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
150B-21.9(a). State agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



ADMINISTRATION 

State Employees Combined Campaign 

I NCAC 35 .0202 - Content of Applications 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 
Environmental Management 

15 A NCAC 2Q .0112 - Applications Requiring Professional Engineer Seal 

General Procedures for Public Health Programs 

ISA NCAC 24A .0404 - Reimbursement for Services Not Covered by Medicaid 

Wildlife Resources and Water Safety 

15 A NCAC 1 OB .0106 - Wildlife Taken for Depredations or Accidentally 
Agency Revised Rule 

HUMAN RESOURCES 

Mental Health: General 

10 NCAC 14K .0314 - Assessment 
Agency Revised Rule 

10 NCAC 14K .0315 - Treatment /Habilitation Planning and Documentation 

Agency Revised Rule 

INSURANCE 

Medical Database Commission 

II NCAC 15 .0006 - Data Submission 

Agency Revised Rule 
Agency Revised Rule 

11 NCAC 15 .0007 - Provider Verification 

Agency Revised Rule 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Board of Barber Examiners 

21 NCAC 6F .0001 - Physical Structure 



RRC Objection 1 1 II 7194 
Obj. Removed 11117194 



RRC Objection 11/1 7/94 



RRC Objection 12/15/94 



RRC Objection 11/1 7/94 
Obj. Cont'd 11/17/94 



RRC Objection 1 1 II 7/94 

Obj. Removed 11/17/94 

RRC Objection 1 1 II 7/94 

Obj. Removed 11/17/94 



RRC Objection 


10/20/94 


Obj. Cont'd 


10/20/94 


Obj. Removed 


11/17/94 


RRC Objection 


10/20/94 


Obj. Cont'd 


10/20/94 


Obj. Removed 


11/17/94 



RRC Objection 11/1 7/94 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1575 



RRC OBJECTIONS 






Agency Revised Rule 


Ob). Removed 


11/17/94 


21 NCAC 6L .0002 - Measurements of Barber Shop 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


Board of Dental Examiners 






21 NCAC 16M .0001 - Dentists 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


Licensing Board of Landscape Architects 






21 NCAC 26 .0105 - Fees 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


Board of Opticians 






21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; 


Registration RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Cont'd 


11/17/94 


27 NCAC 40 .0319 - Applicants From Other States 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


Board of Professional Engineers and Land Surveyors 






21 NCAC 56 .0502 - Application Procedure: Individual 


RRC Objection 


11/17/94 


21 NCAC 56 .1702 - Definitions 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


21 NCAC 56 .1703 - Requirements 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


21 NCAC 56 .1704- Units 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


21 NCAC 56 .1705 - Determination of Credit 


RRC Objection 


11/17/94 


Agency Revised Rule 


Obj. Removed 


11/17/94 


SECRETARY OF STATE 






Notary Public Division 






18 NCAC 7 .0301 - Approved Course of Study 


RRC Objection 


12/15/94 


18 NCAC 7 .0302 - Instructors 


RRC Objection 


12/15/94 


1576 NORTH CAROLINA REGISTER 


January 3, 1995 


9:19 



CONTESTED CASE DECISIONS 



lhis Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 

ADMINISTRATION 

North Carolina Council for Women 

Family Violence Prevention Services v. N.C. Council for Women 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Walters 

Russell Bernard Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Edward Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marshburn, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Alcoholic Beverage Control Comm. 
Mr. & Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Christopher C. Gause, James A Jinwright v. Alcoholic Bev. Ctl. Comm. 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 
Alcoholic Bev. Ctrl. Comm. v. Partnership, T/A Price Downs Food Mart 
Alcoholic Beverage Control Comm. v. James Earl Mullins, Sr. 

COMMERCE 

Savings Institutions Division 

James E. Byers, et al v. Savings Institutions 

CORRECTION 

Division of Prisons 

Gene Strader v. Department of Correction 

CRIME CONTROL AND PUBLIC SAFETY 

Joseph Guernsey & Parents, Robert Guernsey & Dolores Guernsey 
v. Pitt County Hospital Eastern Radiologists 



COLAP Enterprises, Inc. 
Mitch's Tavern, Inc. 
Ms. Lucy Jarrell Powell 
Richard Wayne Barrow 
Subhashbai C. Patel 
Daphne Ann Harrell 



CASE 
NUMBER 



ALJ 



D\TEOF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 DOA 0242 



West 



04/13/94 



93 ABC 0363 


Morrison 


08/23/94 




93 ABC 0719 


Gray 


03/02/94 




93 ABC 0775 


Morrison 


09/21/94 




93 ABC 0793 


Nesnow 


04/11/94 




93 ABC 0892 


Morgan 


06/03/94 




93 ABC 0906 


Mann 


03/18/94 




93 ABC 0937 


Morrison 


03/07/94 




93 ABC 0993 


Morgan 


06/03/94 




93 ABC 1024 


West 


03/03/94 




93 ABC 1029 


Gray 


03/04/94 




93 ABC 1057 


Bee ton 


04/21/94 




93 ABC 1481 


Gray 


07/19/94 




93 ABC 1485 


Mann 


03/11/94 




94 ABC 0060 


Nesnow 


06/07/94 




94 ABC 0064 


Gray 


07/26/94 




94 ABC 0070 


Morgan 


06/06/94 




94 ABC 0079 


Gray 


10/14/94 




94 ABC 0083 


West 


11/01/94 




94 ABC 0115 


Nesnow 


07/18/94 




94 ABC 0124 


Morgan 


06/06/94 




94 ABC 0125 


Morgan 


06/06/94 




94 ABC 0149 


Chess 


08/08/94 




94 ABC 0232 


Chess 


09/02/94 




94 ABC 0257 


Morrison 


07/28/94 


9:11 NCR 


94 ABC 0260 


West 


07/13/94 




94 ABC 0532 


Gray 


09/27/94 




94 ABC 0600 


Chess 


09/22/94 




94 ABC 0856 


West 


11/22/94 




94 ABC 0934 


West 


12/05/94 





93 COM 1622 Chess 03/01/94 



94 DOC 0252 Morrison 03/21/94 



94CPS0413 Gray 07/11/94 



870 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1577 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Baynes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Percy Clark v. Crime Victims Compensation Commission 

J. Richard Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche J. Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Lillie Alford/behalf/estate/Venise Alford v. Crime Victims Comp. Comm. 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambers v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. Patrick Scott v. Victims Compensation Comm. 

In the Matter of the Claim of Claimant: Shirley Robinson Victim: 

Dandre J. Lamont Offender Charles Fernanda; v. Crime Victims 

Compensation Comm. 
Mary E. Haskins v. Crime Victims Compensation Commission 

EMPLOYMENT SECURITY COMMISSION 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


Reilly 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Morgan 


06/13/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gray 


09/02/94 


94 CPS 0488 


West 


11/10/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Becton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 0581 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 1070 


Nesnow 


12/12/94 


94 CPS 1406 


Gray 


03/17/94 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



David Lee Bush v. Employment Security Commission 
ENVIRONMENT. HEALTH, AND NATURAL RESOURCES 



91 ESC 0395 



Reilly 



08/18/94 



Bobby Stallings v. Environment, Health, and Natural Resources 
James M. Lyles v. Brunswick County Office of Permits 
Erby Lamar Grainger v. Environment, Health, & Natural Resources 
William P. Shaver, R. McKinnon Morrison IU, Till Ray, Dr. Wesley 

C. Ray, Douglas W. Furr, Catherine H. Furr & Caldwell Creek Farm, Inc. 

v. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenburg Cty 
Carnel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
Patricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilford Cty Health Dept. & Guilford Cty 

Planning & Zoning Board 
Kathryn A. Whitley v. Macon County Health Department 
Brook Hollow Estates v. Environment, Health, Sc Natural Resources 
Bobby Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Sam's Club #8219 v. Mecklenburg County Health Department 
Everhart & Associates., Inc. and Hettie Tolson Johnson v. Environment, 

Health, and Natural Resources and Zelig Robinson 
Richard A. Jenkins v. NC Water Pollution Ctl. Sys. Op. Cert. Comm. 
Eugene Crawford & Nancy P. Crawford v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health, & Natural Resources 
Tri-Circuite, Inc. v. Environment, Health, &. Natural Resources 
Thomas Taylor Fain v. Martin-Tyrrell-Wash. Dist. Health Dept., EHNR 



90EHR0612 


Morgan 


08/11/94 




92 EHR 0333 


Chess 


09/22/94 




93 EHR 0071 


Reilly 


11/22/94 




93 EHR 0452 


Morgan 


08/11/94 




93 EHR 1017 


Becton 


05/31/94 




93 EHR 1759 


Mann 


09/06/94 




93 EHR 1777 


West 


05/23/94 




94 EHR 0086 


Chess 


07/13/94 




94 EHR 0088 


West 


07/13/94 




94 EHR 0093 


West 


06/03/94 




94 EHR 0202 


West 


10/19/94 




94 EHR 0210 


Chess 


06/21/94 




94 EHR 0329 


Nesnow 


06/15/94 


9:7 NCR 496 


94 EHR 0392 


Reilly 


10/18/94 


9:15 NCR 1231 


94 EHR 0424 


West 


10/11/94 




94 EHR 0500 


Gray 


06/10/94 




94 EHR 0560 


West 


09/21/94 




94 EHR 0601 


Morrison 


06/30/94 




94 EHR 0736 


West 


11/22/94 





1578 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


94 EHR 0767 


West 


11/22/94 


94 EHR 0776 


Gray 


09/06/94 


94 EHR 0821 


Chess 


11/21/94 



89 EHR 1378^ 


Gray 


04/07/94 


90 EHR 0017* 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0315 


Gray 


06/01/94 



AGENCY 



Marlen C. Robb, Jr. v. CAMA, Washington, NC EHNR 

Irene, Will, Eric Li taker v. Montgomery County Health Department 

James Loder v. New Hanover Inspection Svcs., Local CAMA Permit Off. 

Coastal Management 

Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Gary E. Montalbine v. Division of Coastal Management 
Pttley-Midgett Partnership v. Coastal Resources Commission 

Craven County Health Department 

Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 94 EHR 0487 West 11/01/94 

Environmental Health 



Jane C. O'Malley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

Pasquotank-Fsrquimans-Camden-Chowan 
Henry Lee Bulluck v. Nash County Health Department & EHNR 
Environment, Health, & Natural Res. v. Clark Harris & Jessie Lee Harris 
Richard F. Ebersold v. Jackson County Health Department & EHNR 
Sidney S. Tate Jr. v. Dept. of Environment, Health, & Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health & Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Floyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 
Ralston Pound, Jr. & Deanie S. Pound v. Carteret Cty. Env. Health Dept. 

Environmental Management 

David Springer v. Dept. of Environment, Health, &. Natural Resources 
Petroleum Installation Equipment Co., Inc. v. Env., Health & Nat. Res. 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Valley Meats, Inc. v. Environment, Health, & Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens & J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 
General Electric Co., Inc. v. EHNR, Env. Mgmt. Comm. & City/Mebane 

Land Resources 

Wallace B. Clayton, Dr. Marshall Redding v. Div. of Land Resources 
Town of Kernersville (LQS 93-053) v. Environment, Health, & Nat. Res. 
Royce Perry, I^ul Perry v. Dept. of Environment, Health, & Natural Res. 

Marine Fisheries 

Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Larry J. Batson v. Division of Marine Fisheries 

David W. Oglesty v. Division of Marine Fisheries 

David E. Oglesby v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 

Maternal and Child Health 



91 EHR 0838 


Bee Ion 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Bee ton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


94 EHR 0005 


Reilly 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 


94 EHR 1003 


Reilly 


12/07/94 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Bee ton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 


94 EHR 1031 


Reilly 


11/30/94 



93 EHR 1407 


Morgan 


08/09/94 


93 EHR 1781 


Chess 


06/29/94 


94 EHR 0525 


Gray 


07/01/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:19 NCR 1595 



9:8 NCR 



581 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930* 


West 


07/25/94 


9:10 NCR 


758 


93 EHR 0931* 


West 


07/25/94 


9:10 NCR 


758 


94 EHR 0035 


Nesnow 


07/18/94 


9:9 NCR 


660 


94 EHR 0504 


Nesnow 


09/01/94 







WIC Section 
Anthony Awueah v. EHNR, Div. Maternal & Child Health, WIC Section 94 EHR 0718 Chess 09/23/94 



Consolidated Cases. 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1579 



CONTESTED CASE DECISIONS 



AGENCY 



Solid Waste Management 

Roger Sessoms v. EHNR/ Asbestos Hazard Management Branch 
Bertie Citizens Action Coalition, Inc.; Willaid J. Oliver, Reginald Early, 
Herbert Jenkins, Jr., Lindwood Earl Tripp, Willie Warren Tripp, Mary 
Alice Cherry, and Kathy Burden v. EHNR, Solid Waste Management 
Division, and East Carolina Environmental, Inc., Addington Environmental 
Inc., et al. 
Bobby Benton v. EHNR & Division of Solid Waste 

HUMAN RESOURCES 

Jerome Triplin v. Department of Human Resources 

Helen J. Walls, Walls Young World v. Department of Human Resources 

Brenda C. Robinson v. Department of Human Resources 

Betty Rhodes v. Department of Human Resources 

Mr. & Mrs. Richard Bullen v. Department of Human Resources 

Distribution Child Support 

Mona L. Stanback v. DHR, Div/Social Svcs, Child Support Enf. Section 
Jachell D. Parker v. Department of Human Resources 
Earleen G. Tinsley V, Department of Human Resources 

Division of Child Development 

Judith Fridley v. Div. of Child Development/ Abuse/Negleet Unit 

DHR, Division of Child Development v. Joyce Gale 

Laureen Holt, ID#26-0-00037 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scott's Loving Day Care & Nursery, Mrs. Willie L. Scott v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Word Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whitted, Pres., Toddlers Academy, Inc. v. Div of Child Dev. 

Miriam C. Kircher v. Human Resources, Div. of Child Development 

Mary T. Hill v. Human Resources, Division of Child Development 

Facility Services 

Laura Harvey Williams v. DHR, Division of Facility Services 

Presbyterian- Orthopaedic Hospital v. Department of Human Resources 

Judy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of Facility Services 

Mr. & Mrs. Alvin Wilson v. DHR, Division of Facility Services 

Steve Alan Russell v. DHR, Div. of Facility Svcs, Emergency Med. Svcs 

Certificate of Seed Section 



CASE 
NUMBER 



93 EHR0951 
93 EHR 1045 



94 EHR 0442 



ALJ 



DATE OF 
DECISION 



Gray 

Morrison 



Gray 



03/28/94 
04/06/94 



08/22/94 



93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0501 


Morrison 


06/02/94 


94 DHR 0811 


Bee ton 


11/14/94 



93 DCS 0969 


Morgan 


08/02/94 


93 DCS 0371 


Morgan 


07/14/94 


94 DCS 0651 


Nesnow 


09/15/94 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Bee ton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 


94 DHR 0615 


Morrison 


11/17/94 


94 DHR 0944 


Chess 


11/16/94 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 


94 DHR 0830 


Gray 


11/28/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:3 NCR 214 



Charles E. Hunter, Jr., M.D. & Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Marks, Jr., M.D. 
Cape Fear Memorial Hospital v. Department of Human Resources 
Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 

Need Section, and Britthaven, Inc., d/b/a Brittha'en of Franklin 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. & Richaid R. Allen Sr. v. DHR 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 
ABC Home Health Services, Inc. v. Human Resources, Div. of Facility 

Services, Certificate of Need Section v. MeckJenbuig Home Health, Inc 

d/b/a Home Health Professionals of Guilford 



93 DHR 0746 Morgan 04/11/94 



93 DHR 1552 Reilly 

94 DHR 0146 West 



08/15/94 
10/21/94 



94DHR0197* 5 Morgan 08/11/94 



94 DHR 0198** Morgan 08/11/94 



94 DHR 0254 Morrison 11/17/94 



1580 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



Professional Nursing Services, Inc. and Betty Wallace v. Certificate of 
Need Section, Div. of Facility Services, Human Resources 

and 
Duplin Home Care & Hospice, Inc.; Hometown Hospice, Inc.; Craven County 
Health Dept. Home Health-Hospice Agency; Hospice of Fbmlico County, 
Inc.; Hospice of Carteret County; and Comprehensive Home Health Care I, Inc 

division of Medical Assistance 



R., by and through her agent &. Personal Rep., Hank Neal v. DHR 
A.R. by & through her agt & personal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 

,u Ann Leidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 

Division of Social Services 

Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Hartel! v. Department of Social Services 

Child Support Enforcement Section 

Alfred Bennett v. Department of Human Resources 
Snellen Staples v. Department of Human Resources 
Helen Lee Harvell Jones v. Department of Human Resources 
Dal to n Ffelton Sr. v. Department of Human Resources 
Colby S. Hughes v. Department of Human Resources 
Gary Eugene Honeycutt v. Department of Human Resources 
Vicki C. Conn v. Department of Human Resources 
John R. Lossiah v. Department of Human Resources 
Melvin L. Miller Sr. v. Department of Human Resources 
Robert L. Hicks v. Department of Human Resources 
Thomas Sadler v. Department of Human Resources 
Nancy Richardson v. Department of Human Resources 
Frederick C. Burdick Jr. v. Department of Human Resources 
Darryl D. Leedy v. Department of Human Resources 
David M. Fogleman Jr. v. Department of Human Resources 
William Heckstall v. Department of Human Resources 
Luther Hatcher v. Department of Human Resources 
Bryan Jeffrey Cole v. Department of Human Resources 
Anthony E. Bullaid v. Department of Human Resources 
Donald E. Height v. Department of Human Resources 
Dexter L. Chambers v. Department of Human Resources 
Ronald E. Johnson v. Department of Human Resources 
Roger Moore v. Department of Human Resources 
Alvin Lee Martin v. Department of Human Resources 
James J. Malloy v. Department of Human Resources 
Robert Young v. Department of Human Resources 
Henry M. Dillard v. Department of Human Resources 
Vernon Byrd v. Department of Human Resources 
Sherman E. Ames v. Department of Human Resources 
Antonio Townsend v. Department of Human Resources 
Keith M. Gray v. Department of Human Resources 
Troy E. Pinkney v. Department of Human Resources 
Anthony A. Macon v. Department of Human Resources 
Walter Lee Corbett v. Department of Human Resources 
Joseph E. Kernstine v. Department of Human Resources 
Alvin M. Davis v. Department of Human Resources 
Thomas M. Birdwell III v. Department of Human Resources 
Joe Louis Mayo v. Department of Human Resources 
Bobby Lewis Smith v. Department of Human Resources 
Lawrence D. Dean v. Department of Human Resources 
Louis C. Cade v. Department of Human Resources 
Richard J. Swarm v. Department of Human Resources 
Nash Andrew Newsome v. Department of Human Resources 
James E. WatBon v. Department of Human Resources 
Robert Lee Barrett v. Department of Human Resources 



94 DHR 0609 



94 DHR 0293 
94 DHR 0440 



AL.1 



West 



Reilly 
Gray 



DATE OF 
DECISION 



11/21/94 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



04/15/94 
06/27/94 



90CSE 1146 


Morgan 


08/11/94 


91 CSE0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Bee ton 


10/18/94 


93 CSE 0180 


Chess 


11/22/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Bee ton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1 124 


West 


03/28/94 


93 CSE 1125 


Bee ton 


03/30/94 


93 CSE 1127 


Bee ton 


04/14/94 


93 CSE 1128 


Nesnow 


04/04/94 


93 CSE 1 132 


Gray 


10/03/94 


93 CSE 1 133 


Reilly 


04/18/94 


93 CSE 1135 


Nesnow 


06/13/94 


93 CSE 1136 


Bee ton 


08/22/94 


93 CSE 1137 


Chess 


11/09/94 


93 CSE 1139 


Bee ton 


03/30/94 


93 CSE 1 140 


Nesnow 


06/28/94 


93 CSE 1148 


Mann 


03/29/94 


93 CSE 1 149 


Gray 


04/26/94 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1152 


Morgan 


08/04/94 


93 CSE 1155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1162 


Nesnow 


06/16/94 


93 CSE 1 165 


Gray 


10/27/94 


93 CSE 1166 


Morrison 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1 170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1172 


Morrison 


04/20/94 



PUBLISHED DECISION 
REGISTER CITATION 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1581 



CONTESTED CASE DECISIONS 



AGENCY 



Anthony Raynor Sr. v. Department of Human Resources 

Betty A. Williams, Fred E. Jones v. Department of Human Resources 

Jeff A. Taylor v. Department of Human Resources 

Eric G. Sykes v. Department of Human Resources 

John Hagins v. Department of Human Resources 

Terrence D. Timmons v. Department of Human Resources 

Ray A. Johnstone v. Department of Human Resources 

Morris Ray Bethel v. Department of Human Resources 

Willie C. Hollis v. Department of Human Resources 

Edward Boggan v. Department of Human Resources 

Raymond Junior Cagle v. Department of Human Resources 

Ernest N. Pruitt Jr. v. Department of Human Resources 

Michael P. McCay v. Department of Human Resources 

Robert Matthew Rossi v. Department of Human Resources 

Bernadett Cook v. Department of Human Resources 

Rawan Weigel v. Department of Human Resources 

Lem Person v. Department of Human Resources 

Bobfcy Lee McCullers Jr. v. Department of Human Resources 

Randall R. Rhodes v. Department of Human Resources 

Glen Nelson Washington v. Department of Human Resources 

Michael V. Dockery v. Department of Human Resources 

Robert Corley Jr. v. Department of Human Resources 

Floyd E. Bailey v. Department of Human Resources 

Dennis W Nolan v. Department of Human Resources 

Robert Calvin Connor v. Department of Human Resources 

James D. Williams v. Department of Human Resources 

Mahalon Eugene White v. Department of Human Resources 

Marty Franzen v. Department of Human Resources 

Vaughn D. Pearsall v. Department of Human Resources 

Gerald L. Murrell v. Department of Human Resources 

Larry D. Dawson v. Department of Human Resources 

McDaniel Teeter Jr. v. Department of Human Resources 

King D. Graham v. Department of Human Resources 

Brian C. Carelock v. Department of Human Resources 

Bradford C. Lewis v. Department of Human Resources 

Derek Watson v. Department of Human Resources 

Luther Borden v. Department of Human Resources 

Walter B. Lester v. Department of Human Resources 

Wilbert E. Anderson v. Department of Human Resources 

David H. Johnson v. Department of Human Resources 

William Earl Arrington v. Department of Human Resources 

William K. Whisenant v. Department of Human Resources 

Curtis C. Osborne v. Department of Human Resources 

Stanley J. Forsack v. Department of Human Resources 

Larry Cornelius Smith v. Department of Human Resources 

Robert C. Lee Jr. v. Department of Human Resources 

Sidney Ray Tuggle Jr. v. Department of Human Resources 

Michael A. Amos v. Department of Human Resources 

Reginald Eugene Hill v. Department of Human Resources 

Jimmy C. Harvell v. Department of Human Resources 

John Edward Tannehill v. Department of Human Resources 

Benjamin McCormick v. Department of Human Resources 

Steven Connet v. Department of Human Resources 

Gregory N. Winley v. Department of Human Resources 

Ronald Brown v. Department of Human Resources 

David L. Hill v. Department of Human Resources 

Ronald Fred Metzger v. Department of Human Resources 

James L. Phillips v. Department of Human Resources 

John D. Bryant v. Department of Human Resources 

George Aaron Collins v. Department of Human Resources 

Ricky Glenn Mabe v. Department of Human Resources 

Samuel L. Dodd v. Department of Human Resources 

James W. Smith v. Department of Human Resources 

William A. Sellers v. Department of Human Resources 

Jerry Mclver v. Department of Human Resources 

Johnny B. Little v. Department of Human Resources 

Kenneth W. Cooper v. Department of Human Resources 

Nathan D. Winston v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 1173 


Morrison 


10/27/94 


93 CSE 1178 


Nesnow 


04/20/94 


93 CSE 1180 


Morgan 


07/15/94 


93 CSE 1181 


Bee ton 


04/20/94 


93 CSE 1182 


Mann 


11/14/94 


93 CSE 1183 


Beeton 


10/11/94 


93 CSE 1186 


Morrison 


10/03/94 


93 CSE 1188 


West 


07/11/94 


93 CSE 1191 


Bee ton 


05/09/94 


93 CSE 1192 


Chess 


09/01/94 


93 CSE 1194 


Morrison 


10/03/94 


93 CSE 1197 


Nesnow 


06/28/94 


93 CSE 1198 


Morgan 


08/02/94 


93 CSE 1199 


Bee ton 


08/22/94 


93 CSE 1202 


Gray 


04/27/94 


93 CSE 1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 1215 


Reilly 


06/17/94 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 1221 


Morgan 


08/02/94 


93 CSE 1222 


Morgan 


07/15/94 


93 CSE 1225 


Chess 


10/05/94 


93 CSE 1227 


Mann 


07/07/94 


93 CSE 1254 


Morrison 


04/27/94 


93 CSE 1258 


West 


04/19/94 


93 CSE 1259 


West 


04/19/94 


93 CSE 1261 


Nesnow 


08/22/94 


93 CSE 1264 


Morgan 


07/15/94 


93 CSE 1267 


Bee ton 


04/20/94 


93 CSE 1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 1274 


Morrison 


06/30/94 


93 CSE 1275 


Beeton 


05/18/94 


93 CSE 1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 1283 


Reilly 


06/30/94 


93 CSE 1284 


West 


06/23/94 


93 CSE 1287 


Nesnow 


06/28/94 


93 CSE 1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 1290 


Mann 


10/14/94 


93 CSE 1291 


Beeton 


08/22/94 


93 CSE 1299 


Gray 


09/19/94 


93 CSE 1301 


Morrison 


08/23/94 


93 CSE 1302 


Morrison 


06/30/94 


93 CSE 1303 


Reilly 


06/30/94 


93 CSE 1307 


West 


04/25/94 


93 CSE 1308 


West 


07/15/94 


93 CSE 1309 


West 


10/06/94 


93 CSE 1310 


Nesnow 


10/27/94 


93 CSE 1312 


Nesnow 


10/03/94 


93 CSE 1313 


Morgan 


08/02/94 


93 CSE 1315 


Mann 


10/14/94 


93 CSE 1316 


Beeton 


06/14/94 


93 CSE 1318 


Beeton 


06/29/94 


93 CSE 1320 


Chess 


11/08/94 


93 CSE 1323 


Mann 


09/26/94 


93 CSE 1326 


Reilly 


06/17/94 


93 CSE 1327 


Reilly 


10/27/94 


93 CSE 1331 


West 


04/25/94 


93 CSE 1356 


Mann 


09/26/94 


93 CSE 1357 


Gray 


03/31/94 


93 CSE 1358 


Gray 


08/26/94 


93 CSE 1359 


Morrison 


04/20/94 


93 CSE 1362 


Reilly 


06/30/94 


93 CSE 1363 


West 


06/23/94 


93 CSE 1364 


West 


04/27/94 


93 CSE 1365 


Nesnow 


07/07/94 



PUBLISHED DECISION 
REGISTER CITATION 



1582 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



AGENCY 



lobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Carles W. Norwood Jr. v. Department of Human Resources 
Javid L. Terry v. Department of Human Resources 
ludwin Lindsay v. Department of Human Resources 
teven A. Elmquist v. Department of Human Resources 
Celvin Dean Jackson v. Department of Human Resources 
ferry R. Gibson v. Department of Human Resources 
Kelvin Lewis Griffin v. Department of Human Resources 
)ennis E. Fountain Jr. v. Department of Human Resources 
dark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
idna VonCannon v. Department of Human Resources 
Darron J. Roberts v. Department of Human Resources 
iphrom Sparkman Jr. v. Department of Human Resources 
Mton W. Ivey v. Department of Human Resources 
Terry James Carotheis v. Department of Human Resources 
Terrance Freeman v. Department of Human Resources 
Thomas A. Ayers v. Department of Human Resources 

aniel Thomas Hefele v. Department of Human Resources 
Gilbert J. Gutierrez v. Department of Human Resources 
Alton D. Johnson v. Department of Human Resources 
Darryl C. Thompson v. Department of Human Resources 
Jeffery E. Holley v. Department of Human Resources 
Chester Sandeis v. Department of Human Resources 
Rodney Guyton v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Donald W. Clark v. Department of Human Resources 
William E. David Jr. v. Department of Human Resources 
Arthur Lee Carter v. Department of Human Resources 
Frank Reiff v. Department of Human Resources 
Milburn Ray Burton v. Department of Human Resources 
John J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthony Bryant v. Department of Human Resources 
Timothy D. Evans v. Department of Human Resources 
Billy Edward Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Mickey Bridgett v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 
David Beduhn v. Department of Human Resources 
Bart Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Gatling Jr. v. Department of Human Resources 
James D. McClure Jr. v. Department of Human Resources 
Timothy E. Stotlar v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Billy L. Sneed v. Department of Human Resources 
Dwayne Lamont Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 
James A. Cephas v. Department of Human Resources 
Edwaid E. Furr v. Department of Human Resources 
James Hunsaker v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Mark E. Campbell v. Department of Human Resources 
Vernon Lamont Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriel Jr. v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1368 


Morgan 


08/02/94 


93 CSE 


1371 


Chess 


08/18/94 


93 CSE 1385 


West 


06/13/94 


93 CSE 1386 


Mann 


05/18/94 


93 CSE 


1390 


Morrison 


07/15/94 


93 CSE 


1392 


Reilly 


04/29/94 


93 CSE 1394 


West 


06/13/94 


93 CSE 1411 


Nesnow 


08/24/94 


93 CSE 


1412 


Morgan 


08/02/94 


93 CSE 


1414 


Chess 


05/13/94 


93 CSE 


1415 


Mann 


05/03/94 


93 CSE 


1416 


Gray 


09/19/94 


93 CSE 


1417 


Morrison 


06/14/94 


93 CSE 


1419 


West 


08/23/94 


93 CSE 


1422 


Morgan 


08/04/94 


93 CSE 


1426 


Mann 


11/18/94 


93 CSE 


1428 


Gray 


10/26/94 


93 CSE 


1430 


Gray 


12/14/94 


93 CSE 


1431 


Morrison 


06/30/94 


93 CSE 


1432 


Morrison 


04/28/94 


93 CSE 


1433 


Morrison 


05/13/94 


93 CSE 


1434 


Reilly 


04/29/94 


93 CSE 1435 


Reilly 


06/30/94 


93 CSE 


1436 


Reilly 


08/23/94 


93 CSE 


1437 


West 


04/19/94 


93 CSE 


1439 


West 


04/21/94 


93 CSE 


1440 


Nesnow 


08/31/94 


93 CSE 


1441 


Nesnow 


05/13/94 


93 CSE 


1442 


Nesnow 


05/02/94 


93 CSE 


1445 


Morgan 


08/10/94 


93 CSE 


1448 


Bee ton 


08/22/94 


93 CSE 


1449 


Chess 


11/29/94 


93 CSE 


1452 


Chess 


05/16/94 


93 CSE 


1453 


Mann 


07/07/94 


93 CSE 


1454 


Mann 


10/10/94 


93 CSE 1455 


Gray 


06/30/94 


93 CSE 


1460 


Reilly 


04/28/94 


93 CSE 


1461 


West 


04/19/94 


93 CSE 


1463 


Nesnow 


05/02/94 


93 CSE 


1464 


Nesnow 


04/28/94 


93 CSE 


1468 


Bee ton 


05/24/94 


93 CSE 


1470 


Chess 


09/27/94 


93 CSE 


1494 


Gray 


08/30/94 


93 CSE 


1495 


Morrison 


04/29/94 


93 CSE 


1497 


West 


04/19/94 


93 CSE 


1499 


Morgan 


08/02/94 


93 CSE 


1500 


Bee ton 


05/13/94 


93 CSE 


1504 


Mann 


11/18/94 


93 CSE 


1510 


Gray 


07/07/94 


93 CSE 


1512 


Gray 


05/13/94 


93 CSE 1514 


Gray 


12/14/94 


93 CSE 


1515 


Morrison 


04/21/94 


93 CSE 


1517 


Morrison 


08/26/94 


93 CSE 


1520 


Morrison 


05/13/94 


93 CSE 


1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 


93 CSE 


1523 


Reilly 


05/13/94 


93 CSE 


1524 


Reilly 


06/17/94 


93 CSE 


1526 


Chess 


11/08/94 


93 CSE 


1528 


Reilly 


10/12/94 


93 CSE 


1537 


Nesnow 


05/19/94 


93 CSE 


1538 


Nesnow 


09/23/94 


93 CSE 


1539 


Nesnow 


09/26/94 


93 CSE 


1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 


1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 


1545 


Bee ton 


09/23/94 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1583 



CONTESTED CASE DECISIONS 



AGENCY 



Herman F. Jacobs Jr. v. Department of Human Resources 
Barriet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Billy DaJe Beaney v. Department of Human Resources 
Gregory Harrell v. Department of Human Resources 
James E. Wiggins Sr. v. Department of Human Resources 
Tony A. Draughon v. Department of Human Resources 
Gregory L. Rimmer v. Department of Human Resources 
Ruhen Jonathan Bostillo v. Department of Human Resources 
Timothy J. Jones v. Department of Human Resources 
Randall E. Hunter v. Department of Human Resources 
Cyrus R. Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 
B.A. Sellen V, Department of Human Resources 
John R Vadas v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
Johnny T. Usher v. Department of Human Resources 
Tim H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William Vance Jr. v. Department of Human Resources 
Bobby R. Sanders v. Department of Human Resources 
Michael S. Rhynes v. Department of Human Resources 
Gerry Bernard Whitfield v. Department of Human Resources 
Denise L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. Parker v. Department of Human Resources 
Charles F. McKJrahan Jr. v. Department of Human Resources 
Bennie E. Hicks v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V. Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonard Fletcher v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Edward Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Stogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandford UJ v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Jeffrey S. Anderson v. Department of Human Resources 
Ronald Erwin Williams v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Donnie W. Craghead v. Department of Human Resources 
Billy D. Gibson v. Department of Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Dennis Kearney v. Department of Human Resources 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Morrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Bee ton 


11/08/94 


93 CSE 1590 


Bee ton 


09/23/94 


93 CSE 1591 


Bee ton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Bee ton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Moraan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Bee ton 


10/31/94 


93 CSE 1648 


Bee ton 


05/19/94 


93 CSE 1649 


Bee ton 


07/20/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Nesnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Bee ton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 0113 


Bee ton 


10/11/94 


94 CSE 0114 


Chess 


11/04/94 


94 CSE 0141 


Bee ton 


09/23/94 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Bee ton 


08/22/94 


94 CSE 0266 


Morean 


08/02/94 


94 CSE 0280 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0411 


Bee ton 


12/13/94 



PUBLISHED DECISION 
REGISTER CITATION 



1584 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



AGENCY 



rayson Kelly Jones v. Department of Human Resources 
any Hayes v. Department of Human Resources 
ichaid Eugene Dunn v. Department of Human Resources 
'arten F. Welch v. Department of Human Resources 
mo thy R- Abraham v. Department of Human Resources 
;ed Thompson Jr. v. Department of Human Resources 
onell Howard v. Department of Human Resources 
ee Johnson Tillman v. Department of Human Resources 

USTICE 

farm Systems Licensing Board 

lann Systems Licensing Board v. George P. Baker 
atrick P. Sassman v. Alarm Systems Licensing Board 
hristopher Ifcte v. Alarm Systems Licensing Board 
aul J. Allen v. Alarm Systems Licensing Boaid 

rival e Protective Services Board 

.ex Allen Jefferies v. Private Protective Services Board 
any C. Hopkins v. Private Protective Services Board 
iregory K. Brooks v. Private Protective Services Board 
tephen M. Rose v. Private Protective Services Board 
.emuel Lee Clark Jr. v. Private Protective Services Boaid 
)exter R. Usher v. Private Protective Services Board 
Tankie L. McKoy v. Private Protective Services Board 
ohn F. Carmjchael v. Private Protective Services Board 
lichael L. Bonner v. Private Protective Services Board 
idwaid A. Maguire v. Private Protective Services Board 
ohnny R. Dollar v. Private Protective Services Board 

r rtdning and Standards Division 

?urtiss Lance Poteat v. Criminal Justice Ed. & Training Stds. Comm. 
Villie David Moore v. Criminal Justice Ed. & Training Stds. Comm. 
jlenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W. Wray v. Sheriffs' Education & Training Standards Comm. 
. Stevan North v. Sheriffs' Education & Training Standards Comm. 
Gregory Blake Manning v. Criminal Justice Ed. & Training Stds. Comm. 
lussell Pinkelton Jr. v. Sheriffs' Education & Training Stds. Comm. 
iVUliam Franklin Sheetz v. Sheriffs' Education & Training Stds. Comm. 
ames M. Buie v. Criminal Justice Ed. & Training Stds. Comm. 
3uras E. Anderson v. Criminal Justice Ed. & Training Stds. Comm. 
kelson Falcon v. Sheriffs' Education & Training Stds. Comm. 

LABOR 

Donald D. Rumple D/B/A R&R Lawn & Landscaping v. Department 
of Labor, Wage & Hour Division 

MORTUARY SCIENCE 

Mortuary Science v. Perry J. Brown, & Brown's Funeral Directors 

PUBLIC EDUCATION 

Christopher Murch as Guardian Ad Litem for Angela D. Murch, a Minor 
v. Barbara Richaidson, Admin. Except. Child. Prog.; Craven Cty School 
Sys.; Bradford L. Sneeden, Superintendent 
Nancy Watson v. Board of Education 
Janet L. Wilcox v. Carteret County Boaid of Education 
Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 
Milt Sherman & Rose Marie Sherman v. Pitt County Board of Education 
Mary Ann Sciullo & Frank Sciullo on behalf of their minor child, 

Samuel W. Sciullo v. State Board of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 CSE 0433 


West 


09/15/94 




94 CSE 0456 


Nesnow 


08/22/94 




94 CSE 0494 


West 


07/29/94 




94 CSE 0541 


Mann 


11/09/94 




94 CSE 0595 


Reilly 


10/12/94 




94 CSE 0639 


Morrison 


08/31/94 




94 CSE 0672 


Reilly 


10/27/94 




94 CSE 0906 


West 


12/08/94 





93 DOJ 0457 


Nesnow 


03/10/94 


94 DOJ 0709 


Chess 


09/12/94 


94 DOJ 0710 


Chess 


09/12/94 


94 DOJ 0964 


West 


10/31/94 



93 DOJ 0647 


Reilly 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Nesnow 


06/28/94 


94 DOJ 0359 


Nesnow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reilly 


08/15/94 


94 DOJ 0706 


Chess 


09/09/94 


94 DOJ 0707 


West 


12/01/94 


94 DOJ 0794 


Morrison 


09/14/94 


94 DOJ 0795 


West 


12/09/94 


94 DOJ 0796 


Morrison 


08/24/94 



93 DOJ 0231 


Chess 


03/28/94 


93 DOJ 1071 


Nesnow 


04/11/94 


93 DOJ 1409 


Gray 


03/03/94 


93 DOJ 1803 


Chess 


06/29/94 


94 DOJ 0040 


Chess 


06/16/94 


94 DOJ 0048 


Gray 


03/29/94 


94 DOJ 0118 


Gray 


08/10/94 


94 DOJ 0196 


Chess 


06/16/94 


94 DOJ 0401 


Nesnow 


08/26/94 


94 DOJ 0574 


Becton 


10/04/94 


94 DOJ 0611 


Mann 


08/12/94 



94 DOL 0956 



93 BMS 0532 



Reilly 



Chess 



11/01/94 



03/28/94 



93 EDC 0161 


Mann 


11/28/94 


93 EDC 0234 


Chess 


02/28/94 


93 EDC 0451 


Mann 


02/21/94 


93 EDC 0742 


Mann 


08/01/94 


93 EDC 1617 


West 


11/29/94 


94 EDC 0044 


Gray 


07/22/94 


94 EDC 0653 


West 


10/20/94 


94 EDC 0737 


Morrison 


11/04/94 



9:3 NCR 218 



9:15 NCR 1234 



9:2 NCR 108 
9:11 NCR 863 



9:16 NCR 1326 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1585 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



STATE HEALTH BENEFITS OFFICE 

Linda C. Campbell v. Teachers & St Emp Major Medical Plan 
Timothy L. Coggins v. Teachers' & St Emp Comp Major Med Plan 
Sandra Tatum v. Teachers & State Employees Comp Major Medical Plan 
PH.B. v. Teachers & State Employees Comp Major Medical Plan 

STATE PERSONNEL 



93 INS 0410 


Bee ton 


04/22/94 






93 INS 0929 


Morrison 


03/04/94 






94 INS 0028 


Gray 


10/25/94 


9:16 NCR 


1331 


94 INS 0345 


Gray 


08/23/94 


9:12 NCR 


945 



Michael L. K. Benson v. Office of Slate Personnel 93 OSP 1690 



Nesnow 



08/23/94 



Agricultural and Technical State University 

Linda D. Williams v. Agricultural and Technical State University 
Juanita D. Murphy v. Agricultural and Technical State University 
Thomas M. Simpson v. Agricultural and Technical State University 
Pricella M. Curtis v. A&X State University Curriculum & Instruction 



Department of Agriculture 

Donald H. Crawford v. Department of Agricultuc 94 OSP 0108 

NC School of the Arts 

Rick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 05 1 1 

Butner Adolescent Treatment Center 



93 OSP 0089 


Chess 


03/23/94 


93 OSP 0708 


Morrison 


03/16/94 


93 OSP 1393 


Gray 


03/24/94 


94 OSP 0748 


Gray 


08/17/94 



Reilly 



West 



05/23/94 



10/14/94 



Alvin Lamonte Breeden v. Butner Adolescent Treatment Center 

Catawba County 

Sandra J. Cunningham v. Catawba County 

North Carolina Central University 

Dianna Blackley v. North Carolina Central University 
Ha-Yilyah Ha-She'B v. NCCU 



94 OSP 0899 



93 OSP 1097 



89 OSP 0494 
93 OSP 0875 



Chapel Hill & Carrboro City School 

Brenda J. Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 94 OSP 0568 

Cherry Hospital 



Charles F Fields v. Cherry Hospital 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 

Department of Commerce 

Ruth Daniel-Perry v. Department of Commerce 

Department of Correction 

Leland K. Williams v. Department of Correction 

EIroy Lewis v. North Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

Bert Esworthy v. Department of Correction 

James J. Lewis v. Department of Correction 

Merron Burrus v. Department of Correction 

Lewis Alsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. Page v. Dept. of Correction, Secy. Franklin Freeman 

Grady Butler, Jr. v. Correction, Div./Prisons, Sampson Cty Ctl Laundry 

Richard Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer & Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Parole 

E. Wayne Irvin, D.D.S. v. Div. of Prisons, Department of Correction 



94 OSP 0498 
94 OSP 0578 



93 OSP 0725 



Nesnow 



Reilly 



Nesnow 
Bee ton 



West 



Morrison 
West 



Che 



10/12/94 



04/29/94 



09/14/94 
04/13/94 



10/06/94 



06/15/94 
10/07/94 



03/04/94 



91 OSP 1287 


Chess 


02/22/94 


92 OSP 1770 


Bee ton 


05/24/94 


93 OSP 0283 


Chess 


06/15/94 


93 OSP 0711 


Chess 


04/21/94 


93 OSP 1121 


West 


08/31/94 


93 OSP 1145 


West 


09/30/94 


93 OSP 1739 


West 


07/20/94 


93 OSP 1794 


Mann 


07/08/94 


93 OSP 1804 


West 


11/30/94 


94 OSP 0041 


Chess 


06/16/94 


94 OSP 0243 


Reilly 


04/20/94 


94 OSP 0244 


Nesnow 


06/16/94 


94 OSP 0261 


Morrison 


04/26/94 


94 OSP 0334 


Chess 


10/03/94 



9:4 NCR 292 



9:3 NCR 211 



9:1 NCR 63 



9:6 NCR 395 



1586 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



AGENCY 

Thomas W. Crcswell, Lisa K. Bradley v. Department of Correction 
Thomas W. Creswell, Lisa K. Bradley v. Department of Correction 
Barry Lee Clark v. Department of Correction 
Marietta A. Stancil v. Department of Correction 
Edward E. Hodge v. Department of Correction 
Phyllis K. Cameron v. Department of Correction 
Brenda Yvonne Ewell v. Department of Correction 
Debra D. McKoy v. Department of Correction 

Eastern Correctional Institution 

Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 

Guilford Correctional Center 
Ann R. Williams v. Guilford Correctional Center #4440 

McDowell Correctional Center 
Michael Junior Logan v. Kenneth L. Setzer, McDowell Corr. Ctr. 

Polk Youth Institution 

Joseph Mark Lewanowicz v. Department of Correction, Polk Youth Inst. 

Cosmetic Art Examiners 

Mary Quainlance v. N.C. State Boaid of Cosmetic Art Examiners 

Department of Crime Control and Public Safety 

Don R. Massenburg v. Department of Crime Control & Public Safety 

Fred L. Kearney v. Department of Crime Control & Public Safety 

J.D. Booth v. Department of Crime Control & Public Safety 

Sylvia Nance v. Department of Crime Control & Public Safety 

Anthony R. Butler v. Highway Patrol 

Ruth P. Belcher v. Crime Control & Public Safety, State Highway Patrol 

Lewis G. Baker v. Crime Control & Public Safety, Office Adj . General 

William Smith v. State Highway Patrol 

Deloies Y. Bryant v. Crime Control & Public Safety 

Dorothea Dix Hospital 

Bettie Louise Bcykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Lylla Denell Stockton v. Durham County Health Department 

East Carolina School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med., 

Dr. William H. Pryor Jr., Sheila Church 
William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blankenship, 

Tammy Barnes, Wm Pyroe 

East Carolina University 

Lois Toler Wilson v. East Carolina University 



CASE 




DATE OK 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


94 OSP 0407** 


Chess 


09/28/94 




94 OSP 0408* 6 


Chess 


09/28/94 




94 OSP 0437 


Chess 


09/12/94 




94 OSP 0652 


West 


11/22/94 




94 OSP 0829 


Nesnow 


09/15/94 




94 OSP 0896 


Nesnow 


10/27/94 




94 OSP 0959 


Gray 


12/12/94 




94 OSP 0960 


Gray 


12/12/94 





94 OSP 0160* 4 
94 OSP 0256* 1 



94 OSP 0428 



94 OSP 0546 



94 OSP 0926 



94 OSP 0372 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



Nesnow 
Nesnow 



West 



Gray 



Nesnow 



Chess 



Nesnow 
Gray 



Gray 



07/20/94 
07/20/94 



06/22/94 



09/01/94 



11/07/94 



06/14/94 



90 OSP 0239 


Chess 


04/28/94 


91 OSP 0401 


West 


03/18/94 


92 OSP 0953 


Morrison 


10/18/94 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 


94 OSP 0986 


Gray 


12/14/94 



09/28/94 
11/01/94 



05/25/94 



93 OSP 0909 


Bee ton 


10/26/94 


94 OSP 0162 


Gray 


10/06/94 


94 OSP 0741 


West 


09/30/94 



94 OSP 0143 



Gray 



12/06/94 



9:19 NCR 1591 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1587 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Elizabeth City Stale University 

James Charles Knox v. Elizabeth City State University 

Employment Security Commission of North Carolina 

Dan G. Smith v. Employment Security Commission of N.C. 
Rejeanne B. LeFrancois v. Employment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 

Di\ision of Marine Fisheries 

William D. Nicely v. Environment, Health, &. Natural Resources 

Fayetteville State University 

Bessie Carpenter Locus v. Fayetteville State University 
Roscoe L. Williams v. Fayetteville State University 

Department of Human Resources 

Inez Latta v. Department of Human Resources 

Charla S. Davis v. Department of Human Resources 

Rose Mary Taylor v. Department of Human Resources, Murdoch Center 

David R. Rodgers v. rim my Summerville, Stonewall Jackson School 

Dr. Patricia Sokol v. James B. Hunt, Governor and Human Resources 

Bruce B. Blackmon, M.D. v. DHR, Disability Determination Services 

Cra\€n County Department of Social Services 

Shirley A. Holland v. Craven Cry. Dept. /Social Services &. Craven Cry. 
Nettie Jane Godwin (Lawhorn) v. Craven Cty. DSS & Craven Cty. 
Violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 

Durham County Department of Social Services 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Services 
Dorothy Morrow v. Haywood County Department of Social Services 

Pamlico County Department of Social Services 
Mrs. Dietra C. Jones v. Pamlico Department of Social Services 

Lee County Health Department 
James Shackleton v. Lee County Health Department 

Medical Assistance 

Delores Y. Bryant v. DHR, Division of Medical Assistance 
Delores Y*. Bryant v. DHR, Division of Medical Assistance 

Mental Health /Mental Retardation 
Y'vonne G. Johnson v. Blue Ridge MentaJ Health 

Services for the Blind 
Donna L. Williams v. DHR, Division of Services for the Blind 



94 OSP 0207 



93 OSP 0865 
93 OSP 1069 



93 OSP 0940 



92 OSP 1454 



86 OSP 0202 
93 OSP 0487 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



94 OSP 0251 



94 OSP 0344 



94 OSP 0991 
94 OSP 0992 



93 OSP 1604 



93 OSP 1610 



Gray 



Bee ton 
West 



West 



Bee ton 



Morrison 
West 



06/17/94 



11/23/94 
04/08/94 



09/02/94 



05/04/94 



11/18/94 
06/22/94 



93 OSP 0830 


Bee ton 


03/28/94 


93 OSP 1762 


Gray 


03/03/94 


93 OSP 0047 


Gray 


05/06/94 


94 OSP 0087 


Chess 


03/16/94 


94 OSP 0357 


Chess 


08/22/94 


94 OSP 0410 


Nesnow 


09/14/94 



93 OSP 1606 


Gray 


07/01/94 


93 OSP 1607 


Gray 


07/18/94 


93 OSP 1805 


Reilly 


07/05/94 



Chess 
Reilly 



West 



Chess 



Gray 



Gray 
Gray 



Bee ton 



04/11/94 
09/13/94 



06/17/94 



08/09/94 



08/17/94 



10/27/94 
10/27/94 



03/18/94 



9:5 NCR 333 



9:18 NCR 1500 



9:9 NCR 655 



Morrison 10/25/94 



1588 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 






CASE 
AGENCY NUMBER 


ALJ 


DATE OF 
DECISION 


PUBLISHED DECISION 
REGISTER CITATION 


Wike County Mental Health, Developmental Disabilities, and Substance Abuse Senices 








Julia Morgan Brannon v. Wake County MH/DD/SAS 94 OSP 0214 


Reilly 


04/14/94 




Viiyne County Department of Social Services 








Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 94 OSP 0539** 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 94 OSP 0540* 8 

County Department of Social Services 


Mann 
Mann 


11/07/94 
11/07/94 




Youth Services 









David R. Rodgers v. DHR, Div./Youth Services, Stonewall Jackson Sch. 94 OSP 0306 Chess 



10/24/94 



Justice 

Delores Y. Bryant v. Department of Justice 

Public Instruction 

Elaine M. Sills v. Department of Public Instruction 
Delorcs Y. Bryant v. Department of Public Instruction 
Delores Y Bryant v. Department of Public Instruction 

Real Estate Appraisal Board 

Earl Hansfoid Grubbs v. Appraisal Boaid 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 

N.C. State University 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 

Ashraf G. Khalil v. N.C.S.U. 

Robin Lazenby Boyd v. NC State University Human Res. /Seafood Lab 

Department of Transportation 

Phyllis W. Newnam v. Department of Transporbtion 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transporbtion 

Betsy Johnston Powell v. Department of Transportation 

Arnold Craig v. Samuel Hunt, Secretary Department of Transporbtion 

Susan H. Cole v. Department of Transporbtion, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Cl)de Lem Hairston v. Department of Transportation 

Angela Trueblood Westmoreland v. Department of Transporbtion 

Bobby R. Mayo v. Department of Transporbtion 

Tony Lee Curtis v. Department of Transporbtion 

Darrell H. Wise v. Department of Transporbtion 

Henry C. Puegh v. Department of Transporbtion 

Kenneth Ray Harvey v. Department of Transportation 

Jean Williams v. Department of Transportation 

R. Stanley Morgan v. Department of Transportation 

Bobby R. Mayo v. Department of Transporbtion 

A. Dean Bridges v. Department of Transporbtion 

Michael Bryant v. Department of Transporbtion 

PearlieM. Simuel -Johnson v. Department of Transporbtion 



94 OSP 0984 



94 OSP 0781 
94 OSP 0981 
94 OSP 0982 



94 OSP 0753 



93 OSP 1505 



Gray 10/27/94 



Gray 10/06/94 

Gray 11/28/94 

Gray 11/28/94 



Nesnow 08/24/94 



Bee ton 



09/26/94 



92 OSP 0828 


Morgan 


05/26/94 


93 OSP 1666 


Nesnow 


09/19/94 


94 OSP 0779 


Nesnow 


12/01/94 



9:14 NCR 1141 



92 OSP 1799 


Morgan 


08/11/94 






93 OSP 0297* 1 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0500*» 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0550 


Morrison 


03/28/94 






93 OSP 0586 


Nesnow 


07/11/94 






93 OSP 0908 


Morrison 


07/15/94 






93 OSP 0908 


Morrison 


10/07/94 






93 OSP 0944 


Chess 


02/28/94 






93 OSP 1001 


Morrison 


09/30/94 


9:14 NCR 


1136 


93 OSP 1004 


Nesnow 


09/01/94 






93 OSP 1037 


Reilly 


08/26/94 






93 OSP 1353 


Gray 


07/26/94 






93 OSP 1710 


Nesnow 


05/24/94 






94 OSP 0423 


Morrison 


08/17/94 






94 OSP 0502 


Morrison 


11/22/94 


9:18 NCR 


1504 


94 OSP 0586^ 


Reilly 


12/13/94 






94 OSP 0632 


Gray 


08/23/94 






94 OSP 0654*> 


Reilly 


12/13/94 






94 OSP 0728 


Chess 


08/15/94 






94 OSP 0844 


Gray 


11/14/94 







9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1589 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



University of North Carolina at Chapel Hill 

William Paul Fearrington v. University of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 
Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agency 

UNC Hospitals 

Bany Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 

Wake County School System 

Lula Mae Freeman v. Wake County School System 

The Whitaker School 

Dwayne R. Cooke v. The Whitaker School 

Winston-Salem State University 

David Phillip Davis v. Winston-Salem State University 

Tonny M. Jarrett v. Winston-Salem State University Campus Police 

STATE TREASURER 

Retirement Systems Division 

Molly Wiebenson v. Bd./TrusteesrTeachers' &. State Employees' Ret. Sys. 
Judith A. Dorman v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
Nathan Fields v. Bd. /Trustees/Teachers' &. State Employees' Ret. Sys. 
John C. Russell v. Bd.ATrusteesATeachers' & State Employees' Ret. Sys. 
Marion Franklin Howell v. Teachers' & State Employees' Retirement Sys. 
Robert A. Slade v. Bd.ATrustees/N.C. Local GovtI. Emp. Ret. System 
Connie B. Grant v. Bd. /Trustees/Teachers' & State Employees' Ret. Sys. 
James E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 

Trustees/N.C. Local Govt. Emp. Ret. System 
Elizabeth M. Dudley v. Bd./TrusteesATeachers' & State Emps' Ret. Sys. 
Kenneth A. Glenn v. Bd. /Trustees/Teachers' &. St Employees' Ret. Sys. 
Joseph Fulton v. Bd./TrusteesATeachers' & State Employees' Ret. Sys. 
Deborah W Stewart v. Bd.rTrustees/Teachers' &. State Employees' 

Ret. Sys. and Anthony L. Hope & Derrick L. Hope 

TRANSPORTATION 



91 OS P 0905 

92 OSP O380* 7 

92 OSP 0792* 7 

93 OSP 0925 

94 OSP 0800 



93 OSP 0850 



94 OSP 0509 



94 OSP 0576 



94 OSP 0328 



93 OSP 0947 
93 OSP 0953 



Reilly 10/19/94 

Becton 10/24/94 

Beeton 10/24/94 

Morrison 05/03/94 

Nesnow 09/26/94 



Chess 08/22/94 



Morrison 06/15/94 



Morrison 06/28/94 



Chess 



Reilly 
Reilly 



06/02/94 



09/28/94 
09/12/94 



9:5 NCR 



342 



92 DST 0015 


Morgan 


05/26/94 


9:6 NCR 


403 


92 DST 0223 


Morgan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesnow 


08/04/94 


9:12 NCR 


941 


93 DST 0785 


Becton 


03/18/94 


9:1 NCR 


68 


93 DST 0883 


Chess 


06/15/94 






93 DST 1054 


Becton 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Beeton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 



Taylor & Murphy Construction Co., Inc. v. Department of TransporBtion 93 DOT 1404 
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 
Robert Tolbert v. U.S. Equal Employment Opportunity Commission 
UNIVERSITY OF NORTH CAROLINA 



Chess 08/24/94 



94 USE 1410 Gray 12/14/94 



Heather Anne Porter v. State Residence Committee 
Nixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



Nesnow 08/23/94 

Chess 06/27/94 



1590 



NORTH CAROLINA REGISTER 



January 3, 1995 



9:19 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF PITT 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 OSP 0143 



LOIS TOLER WILSON, 
Petitioner, 



EAST CAROLINA UNIVERSITY, 
Respondent. 



RECOMMENDED DECISION 



This contested case was heard before Beecher R. Gray, administrative law judge, on July 15, and 18, 
1994 in Farmville, North Carolina. Following the conclusion of closing arguments, the parties sought and 
received leave to file proposed decisions on or before September 30, 1994. By request of the parties, that 
deadline was extended to November 7, 1994. Both parties filed proposed decisions. 

APPEARANCES 

Petitioner: Nelson Blount Crisp, Esq. 

Respondent: Thomas O. Lawton, Esq., Assistant Attorney General 

ISSUE 

Whether Respondent discriminated against Petitioner on the basis of age when it rejected Petitioner's 
application for promotion to an Accounting Technician III position at East Carolina University in December 
of 1993. 

FINDINGS OF FACT 

Stipulated Facts 

1. In December, 1993, East Carolina University had a vacant Accounting Technician III position in its 
Student Fund Accounting Office (SFAO). 

2. Petitioner Lois Toler Wilson applied for and was qualified for the Accounting Technician III position 
in the SFAO. 

3. Petitioner, a current employee with Respondent, was born October 20, 1951 and was 42 years old 
at the time the Accounting Technician III vacancy was filled. 

4. Petitioner's application for the position was rejected. Respondent filled the position with a current 
employee who was 30 years old at the time of the promotion. 

Adjudicated Facts 

5. The SFAO is a subordinate division of Respondent's Comptroller's Office. The Comptroller's Office 
generally is responsible for auditing and supervising Respondent's financial affairs; other divisions 
of the Comptroller's Office include contracts, grants, and accounts payable. 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1591 



CONTESTED CASE DECISIONS 



6. The SFAO handles several functions for student funds including accounts payable, payroll, and 
purchasing. 

7. The Accounting Technician III position which was vacant in December, 1993 was for a manager of 
the SFAO. The December, 1993 job posting for this position included the following requirements: 
graduation from high school and a two year degree in business with at least one year of additional 
education or one year of experience in an accounting field. The posting also stated that the position 
required knowledge of University purchasing, accounts payable, and payroll procedures. Preferred 
qualifications included five years experience in bookkeeping or accounting. 

8. Respondent's Director of Accounting, Johnnie L. Peterson, supervises the SFAO manager and assisted 
in developing the job announcement. 

9. When the posting period closed, Mr. Peterson reviewed the eighteen to twenty applications received 
for the vacancy. He then consulted with Dan Bishop, Respondent's Comptroller, and the two of them 
determined which applicants to interview. Although they decided to interview four candidates, only 
three of the candidates could be contacted. The candidates interviewed were Petitioner, Melanie 
Bunch, and a third candidate. 

10. Mr. Peterson and Mr. Bishop jointly conducted interviews of the three candidates. Melanie Bunch 
was selected based upon her qualifications, which were considered to be superior to those of the other 
candidates. 

Ms. Bunch had experience in accounts payable, in payroll, and in purchasing. She had regular 
contact with outside vendors and she knew the Lotus 1-2-3 spreadsheet application used by East 
Carolina University. Ms. Bunch holds a Bachelor's degree from East Carolina University in Business 
Administration, a higher academic achievement than required by the position description as posted. 

1 1 . Although Petitioner was qualified for the position by virtue of experience, she did not have the 
desired minimum of a two year degree in business administration or any other kind of degree from 
an accredited college or university. 

12. Petitioner, at the time of her job interview, did not know the Lotus 1-2-3 spreadsheet application used 
by the University since about 1989. She was familiar with another spreadsheet, SperryCalc, which 
was then obsolete within the University system. 

13. The two females who preceded Ms. Bunch in the SFAO manager's position, Angela Wilson and Terry 
Heatherly, each know Lotus 1-2-3 before they came to the position. Knowledge of Lotus 1-2-3 was 
the deciding factor in the hiring of Ms. Heatherly, who was more than 40 years old, over another 
applicant, 

14. At the time of her interview, Ms. Bunch had been an accounting Clerk IV in Respondent's accounts 
payable department for over four years. Her duties there included processing of purchase orders and 
daily contact with outside vendors. Before working in accounts payable, Ms. Bunch worked for 
several months in Respondent's payroll department where she processed several hundred student 
paychecks regularly. 

15. Petitioner has worked for Respondent for 18 years. She has experience in purchasing and accounts 
payable for grants in the East Carolina University School of Medicine. Her last work in accounts 
payable occurred in 1989. In her present position, which she held at the time of the interview, 
Petitioner functions as liaison between the Medical School and the Grants Administration Office of 
East Carolina University. She has payroll responsibility for one student who works in her office. 
She has not had significant contact with outside vendors during her work experience, having spoken 
with outside vendors only twice during the last eleven years. 



1592 NORTH CAROLINA REGISTER January 3, 1995 9:19 



CONTESTED CASE DECISIONS 



6. Mr. Peterson prepared and submitted to Respondent's Human Resources Department an EEO referral 
report for each of the three candidates interviewed by himself and Mr. Bishop. The Human 
Resources Department requested further information justifying the selection of Ms. Bunch. Mr. 
Peterson met with representatives from Human Resources and filled out a more detailed referral 
report. Respondent's Human Resources Department then approved the report and the selection of 
Ms. Bunch for the position. 

CONCLUSIONS OF LAW 

Based upon the foregoing findings of fact, I make the following conclusions of law. 
The parties are properly before the Office of Administrative Hearings. 

2. Petitioner has alleged age discrimination in Respondent's failure to promote her to Accounting 
Technician III and therefore bears the burden of proof, by the greater weight of the evidence, that 
she was not selected for the position because of her age. North Carolina Department of Correction 
v, Gibson , 308 N.C. 131, 301 S.E.2d 78 (1983). While the burden of production may shift during 
the analysis of this case, the ultimate burden of persuasion remains with Petitioner. Sh Mary's Honor 
Center v. Hicks , U.S. 113 S.Ct. 2742 (1993). 

3. The framework for analysis of the evidence produced in this hearing has been established by our 
courts. The following standards have been applied: 

(1) The claimant carries the initial burden of establishing a prima facie case of discrimination. 

(2) The burden shifts to the employer to articulate some legitimate nondiscriminatory reason for 
the applicant's rejection. 

(3) If a legitimate nondiscriminatory reason for rejection has been articulated, the claimant has 
the opportunity to show that the stated reason for rejection was, in fact, a pretext for 
discrimination, (citations omitted). Gibson , 308 N.C. at 137, 301 S.E.2d at 82. 

4. Petitioner's age of 42 at the time of her interview places her in the protected class for purposes of age 
discrimination. She applied and was qualified for the Accounting Technician III position. Petitioner 
was not selected for the position. The person selected for the position was under 40 years of age and 
therefore outside of the protected class. Petitioner thus has established a prima facie case of age 
discrimination. 

5. Respondent's evidence demonstrates that its contention that Ms. Bunch had superior qualifications, 
in terms of experience in accounts payable, payroll, purchasing, outside vendor contact, and Lotus 
1-2-3 spreadsheet application, as well as a four year degree in business administration, is supported 
by the greater weight of the evidence and constitutes a specific nondiscriminatory reason for 
Respondent's decision to place Ms. Bunch in the position. 

6. Petitioner has failed to demonstrate by the greater weight of the evidence, either direct or indirect, 
that Respondent's proffered reasons for her nonselection are mere pretext for intentional discrimina- 
tion. 

RECOMMENDED DECISION 

Based upon the foregoing findings of fact and conclusions of law, it is hereby recommended that 
Respondent's decision denying Petitioner's application for promotion to Accounting Technician III at East 
Carolina University be affirmed as based on legitimate nondiscriminatory reasons supported by evidence of 
qualifications of the candidates involved. 



9:19 NORTH CAROLINA REGISTER January 3, 1995 1593 



CONTESTED CASE DECISIONS 



ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

The agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 

The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
furnish a copy to the parties' attorney of record and to the Office of Administrative Hearings. 

The agency that will make the final decision in this contested case is the N.C. State Personnel 
Commission. 

This the 6th day of December, 1994. 



Beecher R. Gray 
Administrative Law Judge 



1594 NORTH CAROLINA REGISTER January 3, 1995 9:19 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 
COUNTY OF ORANGE 94 EHR 1031 



GENERAL ELECTRIC COMPANY, INC., 
Petitioner, 



DEPARTMENT OF ENVIRONMENT, HEALTH, 
AND NATURAL RESOURCES, 

ENVIRONMENTAL MANAGEMENT COMMISSION 
and CITY OF MEBANE, 
Respondent. 



ORDER 



The Petition, filed on September 23, 1994, contested the payment of a civil penalty. The Respondents 
filed a Motion to Dismiss on November 2, 1994, because the "monetary assessment against Petitioner by the 
City of Mebane was not the result of any action taken by Respondent." 

The Petitioner filed a Response on November 14, 1994, contending that the Office of Administrative 
Hearings has subject matter jurisdiction concerning the appeal of the civil penalty. The undersigned 
administrative law judge agrees with the Petitioner. 

II. 

The Environmental Management Commission is authorized to issue pretreatment permits and to 
engage in enforcement actions. G.S. 143-215.1 - 215.6A(a)(2). This authority has been delegated to the City 
of Mebane by the Commission. The Commission is empowered "to certify and approve . . . requests by a 
publicly owned treatment works to implement, administer and enforce a pretreatment program for the control 
of pollutants which pass through or interfere with the treatment processes." G.S. 143-215. 3(a)(14). The statute 
further regulates the manner in which this authority is exercised: 

Pretreatment programs submitted by publicly owned treatment works shall 
include, at a minimum, the adoption of pretreatment standards, a permit or 
equally effective system for the control of pollutants contributed to the 
treatment works, and the ability to effectively enforce compliance with the 
program . 

15 NCAC 2H.0900 contains sixteen pages of regulations which implement G.S. 143-215. 3(a)(14) and 
143-215.1. The scope of the rules applies to "(p)ollutants from non-domestic sources covered by Pretreatment 
Standards which are indirectly . . . introduced into" the treatment works, treatment works "which receive 
wastewater from sources subject to Pretreatment Standards", and "any new or existing source subject to 
Pretreatment Standards." .0902. 

The rules detail how a publicly owned treatment works operates. The publicly owned treatment works 
"must submit a request to the (Department) for approval of modifications to its approved pretreatment 
program." 15 NCAC 2H. 0907(b). The program includes an Enforcement Response Plan which "describes the 
guidelines for identifying violations of and enforcing specific local limits and other pretreatment standards and 
requirements." .0903(b)(8). Revision of a list of significant industrial users, such as petitioner, must similarly 
be approved. .0907(c). These users must obtain a permit from the treatment works. .0916(a). 



9:19 NORTH CAROLINA REGISTER January 3, 1995 1595 



CONTESTED CASE DECISIONS 



This statutory and regulatory framework establishes control by the respondent Department and 
Commission over the actions, including the assessment of a civil penalty, of the respondent City of Mebane 
in administering the pretreatment program. The Office of Administrative Hearings has jurisdiction over all 

agencies, except those expressly exempted. See Empire Power Company y^ DEHNR, N.C. , 

S.E.2d (September 9, 1994). "Agency" is defined as "an agency or officer in the executive branch of the 

government of this State ... A local unit of government is not an agency." G.S. 150B-2(1). The Department 
and Commission are agencies. A local unit of government, although not included in the definition, may be 
an agent of an agency. The agent's actions become those of the agency. 

In Vaughn y^ Department of Human Resources , 296 N.C. 683, 252 SE2d 792 (1979), the claimant 
filed a claim against the Department of Human Resources under the Tort Claims Act because the Durham 
County Department of Social Services placed a foster child with cytomegalo virus in her home despite 
knowing that the claimant was attempting to become pregnant. The claimant became pregnant and infected 
with the virus. The issue was whether the local department was an agent of the state department. 

The Supreme Court stated: 

Whenever the principal retains the right 'to control and direct the manner 
in which the details of the work are to be executed' by his agent, the 
doctrine of respondeat superior operates to make the principal vicariously 
liable for the tortious acts committed by the agent within the scope of his 
employment. (Citations omitted.) Conversely, a principal is not vicariously 
liable for the tortious acts of an agent who is not subject to the control and 
direction of the principal with respect to the details of the work and is 
subordinate only in effecting a result in accordance with the principal's 
wishes. (Citations omitted.) In sum, a principal's vicarious liability for the 
torts of his agent depends on the degree of control retained by the principal 
over the details of the work as it is being performed. The controlling 
principle is that vicarious liability arises from the right of supervision and 
control. (Citations omitted.) (Id. at 686, 795) 

In Vaughn , the Court examined the relationship of the Director of the Durham County Department 
of Social Services and the Department of Human Resources. The former placed children in foster home care 
in accordance with the rules of the Social Services Commission which provided standards governing 
placements. The standards detailed the role of the Director and his staff regarding appropriate supervision of 
the children, seeking a petition for separation from the natural parents, involvement of the natural parents, 
requirements for a suitable foster home, the type of medical care, clothing and nourishment for the children, 
the duration of the placement, and the evaluation of the placement. 

Although the operation of a publicly owned treatment works differs from the placement of a child in 
foster home care, the supervision and control of the respondent Department and Commission over the former 
and that of the Department of Human Resources over the latter are identical. The Supreme Court clearly stated 
that it was the degree of control that established an agency and made the actions of the County Director 
attributable to the State. 

Our holding is narrowly premised on the ground that the Department of 
Human Resources through the Social Services Commission has the right to 
control the manner in which the County Director is to execute his obligation 
to place children in foster care. (Id. at 692, 798) 



1596 NORTH CAROLINA REGISTER January 3, 1995 9:19 



CONTESTED CASE DECISIONS 



in. 

The City of Mebane acts under the pretreatment program as an agent of the respondent Department 
and Commission; its actions are those of the Department and Commission; and the Department and 
Commission are subject to Article 3 of G.S. Chapter 150B. Therefore, the Office of Administrative Hearings 
lias exclusive subject matter jurisdiction to hear the appeal of the civil penalty. The Motion to Dismiss is 
DENIED. 

This the 30th day of November, 1994. 



Robert Roosevelt Reilly, Jr. 
Administrative Law Judge 



9:19 NORTH CAROLINA REGISTER January 3, 1995 1597 





NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 




1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 


of these, 


titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 


department in the North Carolina executive branch of government has been assigned a title number. 


Titles are further broken down into chapters which shall be numerical in order. The other two, 


subchapters and sections are optional subdivisions to be used by agencies when appropriate. 




TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 


TITLE DEPARTMENT LICENSING BOARDS 


CHAPTER 


1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneers 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 ! 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 


Note: Title 21 contains the chapters of the various occupational licensing boards. 




1598 


NORTH CAROLINA REt 


jISTER January 3, 1995 


9:19 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1994 - March 1995) 



Pages 



Issue 



1 - 75 1 

76 - 122 2 

123 - 226 3 

227 - 305 4 

306 - 348 5 

349 - 411 6 

412 - 503 7 

504 - 587 8 

588 - 666 9 

667 - 779 10 

780 - 876 11 

877 - 956 12 

957 - 1062 13 

1063 - 1151 14 

1152 - 1241 15 

1242 - 1339 16 

1340 - 1392 17 

1393 - 1512 18 

1513 - 1602 19 



April 

April 

May 

May 

June 

June 

July 

July 

August 

August 

September 

September 

October 

October 

November 

November 

December 

December 

January 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

AGRICULTURE 

Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884, 1515 
Community Assistance, 1394 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305 

CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 

CULTURAL RESOURCES 

Arts Council, 960 



9:19 



NORTH CAROLINA REGISTER 



January 3, 1995 



1599 



n 

CUMULATIVE INDEX 



ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283, 1427, 1550 

DEM/ Air Quality, 80, 805 

Departmental Rules, 254 

Environmental Management, 81, 258, 352, 616, 959, 1261, 1348, 1405 

Health Services, 323, 370, 445, 834, 913, 1000, 1112, 1557 

Marine Fisheries Commission, 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285, 1427, 1553 

Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340, 1393 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 123, 227, 306, 349, 412, 504, 588, 667, 877, 957, 1152, 1242, 1513 

HUMAN RESOURCES 

Child Day Care Commission, 10 

Child Development, 1531 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668 

Facility Services, 4, 128, 423, 509, 668, 890, 1341 

Medical Assistance, 318, 440, 513, 597, 964, 1155, 1247 

Medical Care, 1161 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802, 1167, 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board, 99, 1030 

EVSURANCE 

Actuarial Services Division, 1072, 1257 

Agent Services Division, 1065 

Departmental Rules, 891 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255 

Medical Database Commission, 605 

Multiple Employer Welfare Arrangements, 76 

Property and Casualty Division, 892 

Special Services Division, 76 



1600 NORTH CAROLINA REGISTER January 3, 1995 9:19 



CUMULATIVE INDEX 



JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175 

Criminal Justice Education and Training Standards Commission, 149, 981 

Private Protective Services, 802, 1174, 1400 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 

State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 

Mine and Quarry Division, 239 

OSHA, 77, 160, 675, 906, 1258, 1401, 1546 

Private Personnel Services, 1176 

Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1115 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97, 1571 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODIFIED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306, 1480 

PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197, 1568 

SECRETARY OF STATE 

Land Records Management Division, 712 
Notary Public Division, 1112 
Securities Division, 476, 616, 709 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214, 1574 

TAX REVD2W BOARD 

Orders of Tax Review, 415 



9:19 NORTH CAROLINA REGISTER January 3, 1995 1601 



CUMULATIVE INDEX 



TRANSPORTATION 

Administration, Director of, 1478 

Highways, Division of, 85, 718, 923, 1114, 1300 

Motor Vehicles, Division of, 89, 276, 542 



1602 NORTH CAROLINA REGISTER January 3, 1995 9:19 



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